Taking someone’s life is homicide, no matter what the intent. The law, however, distinguishes non-criminal and criminal homicide.
A justifiable killing of a suspect by the police, a state-sanctioned execution, and killing in self-defense fall under non-criminal homicide. Unlawful homicides, on the other hand, include criminally negligent homicide and aggravated criminally negligent homicide.
Under New York Penal Law § 15.05(4), acting with criminal negligence means that you failed to assess the risks involved in your action or inaction, resulting in the death of another individual.
If you have been accused of such crimes, only a competent criminal defense attorney with knowledge and experience can help you discern the vital facts and find the best resolution for your case.
Criminally Negligent Homicide
You could be found guilty of criminally negligent homicide if, with criminal negligence, you cause someone’s death. The charge is classified as a Class E felony and you could serve up to four years in state prison, and pay a substantial fine.
The court, in handing down a sentence, will also consider your past criminal record, if any, and whether or not you show remorse.
Aggravated Criminally Negligent Homicide
In contrast, this far more serious charge involves the reckless killing of a police or peace officer while carrying out his or her duties.
It is a Class C felony and if you were convicted of this crime, you will be sentenced to up to 15 years of jail time, and be ordered to pay a substantial fine.
Death caused by criminally negligent homicide is unintentional.
Other forms of homicide include:
- First-degree murder
- Second-degree murder
- Manslaughter
- Certain forms of abortion
If you or a loved one has been charged with homicide, don’t take a chance with your defense. Pick up that phone and call Olivier E. Roche, Esq. I offer aggressive yet compassionate representation to all my clients.
I offer a free 15-minute consultation.
