What puts a person or entity at risk of prosecution? 

A person who causes the death of another person through criminal negligence may be prosecuted with criminally negligent homicide.

For example, someone who is drag racing with another vehicle through a crowded city street and who hits and kills a pedestrian may likely be charged with criminally negligent homicide.

Similarly, someone who was partially responsible for their elderly mother falling down the stairs who then failed to seek prompt medical attention would likely be charged with criminally negligent homicide.

The Legal Definition of Criminally Negligent Homicide 

N.Y. Penal Law § 125.10 sets out the legal definition of criminally negligent homicide. N.Y. Penal Law § 125.11 sets out the definition of aggravated criminally negligent homicide. Criminally negligent homicide is a felony under state criminal laws.

Elements

The “elements” of criminally negligent homicide are the things that the prosecutor must prove in order for you to be found guilty of this offense. Basically, for a defendant to be convicted in a criminal trial for criminally negligent homicide under N.Y. Penal Law § 125, all the following must be true:

1. You must have caused the death of another person.
2. You must have caused that death through negligence.
3. That negligence must have been criminal negligence.

Let’s delve a bit more deeply into these elements of the crime of assault to understand their meaning  better.

Element #1: Causing the death of another person

The definition of causing the death of another person is taking an action that results in the death of another human being.

In People v. Lewis, it was held that attacking someone who had their back turned and creating injuries that resulted in their death had caused the death of another person. Anyone who takes action that directly or indirectly causes the death of another person can be found to have legally caused the death of that person and satisfied this element.

Someone who drops a bowling ball from the top of the Empire State Building may be found to have caused the death of another person if that person dies as a result of their action.

Element #2: Causing death through negligence

The definition of causing death through negligence is taking action that is considered negligence that results in the death of another person.

In People v. Stanfield, it was held that someone who pointed a gun at another person with no intention of firing and who caused the death of that person when the gun accidentally discharged had caused that death through negligence. Negligence is causing an action without intending to cause it by acting in a way that a reasonable person would not have acted.

In the above example, a reasonable person would not have dropped the bowling ball off the top of the building, and therefore the death that was caused by the action would likely be found to be caused by negligence.

Element #3: Criminal Negligence

The definition of Criminal Negligence is negligence that rises to a level of criminality. In People v. Kazmarick, it was held that someone who dropped a lit match on to a floor covered in papers in a wooden building, and whose actions resulted in the deaths of several residents had committed criminal negligence.

Criminal Negligence is the worst type of negligence. It is negligence so bad that it is considered criminal.

In the above example with the bowling ball virtually anyone would know that dropping a heavy item from an extremely high place would likely injure or kill anyone it struck. Therefore, it is likely that the person in the above example would have satisfied this element and likely been found guilty of criminally negligent homicide.

Aggravated Criminally Negligent Homicide

Aggravated Criminally Negligent Homicide consists of all elements of Criminally Negligent Homicide and the additional element that the victim must have been a peace officer with their status as an officer known to the victim.

In People v. Carncross, it was determined that a person who flees from police is not guilty of Aggravated Criminally Negligent Homicide if an officer dies in the pursuit after losing control of their vehicle.

In the above example, the person dropping the ball would not likely be found guilty of Aggravated Criminally Negligent Homicide even if the ball struck a peace officer if they did not know that they were dropping the ball on to a person and that the person was a peace officer.

Related Offenses

Charges of criminally negligent homicide may be brought in addition to, or in place of, charges for certain other related offenses, including:

• Related Offense #1: Murder

The definition of Murder is the intentional killing of another with planning and forethought. In a recent case, People v. Dashnaw, an individual stabbed another person 10 times resulting in their death and took her property.

Murder is one of the most serious of all crimes, and it carries with it the possibility of life imprisonment.

• Related Offense #2: Vehicular Manslaughter

The definition of Vehicular Manslaughter is the reckless killing of another person while using a vehicle under the influence of alcohol, narcotics, or other influences, or doing so while knowing you were unable or unsafe to drive.

In one case, People v. Hart, a man consumed a half liter of alcohol, placed his young child on an unregistered all-terrain vehicle and drove it on the highway without a helmet. He crashed, and the child died. Because his activity was incredibly unsafe and involved a vehicle, he was found guilty of Vehicular Manslaughter.

• Related Offense #3: Manslaughter

The definition of Manslaughter is the killing of a human being without premeditation or malice. Someone who intentionally or unintentionally kills another human without planning and without the intention to do evil is guilty of manslaughter.

In People v. Pearson, a man threatened two women with a gun pointing it at one of them. The other woman tried to wrestle the gun from his hand, and it discharged accidentally killing her. The court found that intent was not an element of Manslaughter in the First Degree.

What are some of the essential and impactful cases?

There are several noteworthy cases which can help better explain Criminally Negligent Homicide charges in New York.

• In one such case, People v. Sanford, the defendant grabbed and struggled with her 87-year-old grandmother at the top of the stairs, her mother fell down the stairs, the defendant failed to seek medical assistance and was found guilty of criminally negligent homicide.
• In another case, a child was shaken to death by his caregiver. The caregiver continued to shake the baby even after it stopped responding. The court found that the activity was so reckless that even though the caregiver did not intend to kill the child, the action was legally Criminally Negligent Homicide.
• In People v. Duncan, it was held that criminally negligent homicide is any homicide caused when an actor negligently fails to perceive the risk of death and is not an intentional crime. This case is useful as it helps more succinctly explain the statute.

All of these cases help shed light on the manner in which Criminally Negligent Homicide is prosecuted in New York. Criminally Negligent Homicide differs from murder and many other violent crimes in that no intent is required for prosecution.

In the example above the mere act of dropping a bowling ball, even if the person had the intent to conduct a science experiment and genuinely believed that the street below was empty, could be considered criminally negligent homicide.

Similarly, mere negligence alone is not enough to rise to the level required for Criminally Negligent Homicide.

In People v. Bianco, it was determined that a person who drove someone he knew had injected heroin to a parking lot in that victim’s car and left him there where he ultimately died of an overdose was not guilty of Criminally Negligent Homicide.

While the action was negligent, it did not rise to the level required for Criminally Negligent Homicide. Ultimately the drugs were the cause of death.

What agencies detect, investigate, and prosecute this crime?

Criminally Negligent Homicide is investigated and prosecuted by numerous agencies. The facts of the crime help determine which agencies may be involved. At a minimum, local police forces will assist in the collection of evidence and generally make an arrest. The Federal Bureau of Investigation may assist the local police department.

The crime will then be prosecuted by the local prosecutor, the State’s Office of the Attorney General, or their Federal Office of the Attorney General. Criminally Negligent Homicide is a serious crime to be accused of, and both state and federal prosecutors spare no expense in prosecuting this crime.

Because so many different agencies and prosecutors may be involved in Manslaughter cases, it is important to have the best possible criminal defense. Our attorneys understand Criminally Negligent Homicide charges and how to handle communications with government investigators. You should never speak with an investigator without having first spoken with an attorney.

If you or a loved one have been accused of Criminally Negligent Homicide, we can help you prepare your case.

What are the statutory penalties if you are convicted of this crime? 

Penalties for Violating N.Y. Penal Law § 125:

Criminally negligent homicide is a class D felony under New York law. Aggravated criminally negligent homicide is a class C felony under New York law:

• The penalties for criminally negligent homicide include probation without jail up to a maximum of 7 years in jail.
• The penalties for aggravated criminally negligent homicide include between 3.5 years to 15 years in prison.

What are some of the additional consequences of being convicted?

You will also face serious additional consequences if you are convicted of criminally negligent homicide. Beyond facing decades in jail individuals who do not have legal status in the United States may be deported. Even individuals who possess a Green Card may have their Green Card revoked and may be subject to deportation from the United States.

Criminally negligent homicide convictions are very serious and follow individuals for their entire lives. Individuals are barred from voting rights while in prison and while on parole. You will be ineligible for enlistment in the US Armed Forces.

If you are in prison for more than 15 months, a Foster care agency may seek termination of your parental rights. You will be prohibited from possessing a firearm indefinitely. These are all serious consequences, and if you want to protect your rights, you must do everything possible to fight a criminally negligent homicide conviction.

Legal Defenses to criminally negligent homicide

Nobody wants to go to jail or pay a fine—and nobody wants a conviction for criminally negligent homicide on their record.

People may start to associate you with this crime, even though they do not understand the specifics of your case. There are several powerful legal defenses you can use to fight these charges. These defenses rely upon negating parts of the statute.

They include:

Defense #1: Not the Cause of Death

One of the defenses for criminally negligent homicide is that the defendant was not the cause of the victim’s death.

In People v. Bianco, it was determined that a person who drove someone he knew had injected heroin to a parking lot in that victim’s car and left him there where he ultimately died of an overdose was not guilty of Criminally Negligent Homicide.

While the action was negligent, it did not rise to the level required for Criminally Negligent Homicide. Ultimately the drugs were the cause of death. If the defendant was not ultimately the cause of the victim’s death, then they cannot be found guilty of Criminally Negligent Homicide.

Defense #2: Not Negligent

The second defense for criminally negligent homicide is that the defendant was not negligent.

In People v. Gerbino, it was held that a group of hunters who agreed to all stay in deer stands, and if they left the stands to take a certain route for safety, was found not negligent in the death of another member of his party after that party member did not follow the plan and was accidentally shot.

This element can be negated by showing that the defendant acted reasonably and that even if a death occurred that it occurred through a reasonable action.

Defense #3: Not Criminally Negligent

The third defense for criminally negligent homicide is that even if the defendant was negligent that they were not criminally negligent.

In People v. Bianco, it was determined that a person who drove someone he knew had injected heroin to a parking lot in that victim’s car and left him there where he ultimately died of an overdose was not guilty of Criminally Negligent Homicide.

While the action was negligent, it did not rise to the level required for Criminally Negligent Homicide. Ultimately the drugs were the cause of death. Even if a defendant is negligent and even if a death occurs it is possible to avoid a Criminally Negligent Homicide if the negligence does not rise to a criminal level.

Call us for help

For questions about N.Y. Penal Law § 125.10, N.Y. Penal Law § 125.11, and Criminally Negligent Homicide, or to discuss your case confidentially with one of our criminal defense attorneys, do not hesitate to contact us. Criminally Negligent Homicide carries the possibility of 7 years to 15 years in prison with numerous other consequences.

If you or a loved one have been charged with Criminally Negligent Homicide you need to do everything you possibly can to defend your reputation, your freedom, and your livelihood.

Our attorneys have successfully defended clients against Criminally Negligent Homicide, charges in the past and understand what it takes to give you your best chance of successfully defending against any Criminally Negligent Homicide charges. We have local criminal law offices in your area and are ready to help you or your loved ones.