Criminal Defense Lawyers

What Is Negligent Homicide in New York? All You Need to Know

Understanding Negligent Homicide in New York

So, you find yourself in a situation where negligent homicide is involved – it’s a heavy topic, but take a deep breath. We’ll walk through this together, step-by-step. Negligent homicide refers to causing someone’s death through criminal negligence. But what exactly does that mean? Let’s break it down.

Defining Criminal Negligence

Under New York law, criminal negligence occurs when someone fails to perceive a substantial, unjustifiable risk123. Their actions (or inactions) deviate so far from how a reasonable person would act, it’s considered a gross deviation from the standard of care4.For example, a caregiver who neglects to give vital medication to someone under their care, resulting in that person’s death, could potentially be charged with negligent homicide2. A reasonable caregiver would understand the substantial risk of withholding necessary medication.

Negligent Homicide vs. Other Homicide Charges

It’s crucial to understand how negligent homicide differs from other, more severe homicide charges in New York4:Murder requires intent to kill, plus causing the death.Manslaughter in the First Degree involves recklessly causing death while showing an extreme indifference to human life.Manslaughter in the Second Degree is recklessly causing death.Vehicular Homicide means causing death through reckless or intoxicated driving.Unlike those charges, negligent homicide doesn’t require intent or recklessness – just a failure to perceive substantial risks that a reasonable person would have recognized14.

Real-Life Examples

To illustrate what could constitute negligent homicide, here are some real cases from New York4:

• A father was charged after leaving his 2-year-old in a hot car, forgetting to drop her off at daycare – she died from the extreme heat.
• A mother was convicted after her infant died from co-sleeping in an adult bed, which created an obvious suffocation risk.
• A gun owner failed to properly store a loaded firearm, enabling a child to access it – the child accidentally shot and killed a friend.
• A nurse administered the wrong medication at extremely high doses to a patient, causing their death.

In each case, the defendant arguably failed to perceive substantial, unjustifiable risks that a reasonable person would have – meeting the standard for criminal negligence14.

Charges and Potential Penalties

If someone’s negligence leads to a death in New York, they could face charges of criminally negligent homicide under Penal Law Section 125.1039. This is classified as a Class E non-violent felony237.The potential penalties for a Class E felony conviction include237:

• Up to 4 years in prison (either a determinate 1 year or less sentence, or an indeterminate 1 1/3 to 4 year sentence)
• A split sentence of up to 6 months jail time plus probation
• Probation alone for up to 5 years
• Conditional or unconditional discharge
• Potential fines and fees

The specific sentence depends on factors like prior criminal history and showing remorse247. Defendants with a clean record who express remorse may receive lighter sentences, while those with priors who show no remorse could get harsher penalties.

Christine Twomey

2024-03-21

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2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

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2024-03-15

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2024-03-15

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2024-03-12

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2024-03-12

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2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

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Aggravated Criminally Negligent Homicide

There’s an elevated charge called “aggravated criminally negligent homicide” that applies if the victim was an on-duty police officer or peace officer510.The elements are5:

1. Causing the death through criminal negligence
2. The victim was a police/peace officer on official duty
3. The defendant knew or reasonably should have known the victim’s status

Aggravated negligent homicide is a Class C violent felony, punishable by 3.5 to 15 years in prison510.For example, if someone was recklessly texting while driving and struck and killed a police officer directing traffic, they could potentially face this elevated charge5.

Defenses Against the Charge

Just because you’re charged with negligent homicide doesn’t necessarily mean you’ll be convicted. Experienced criminal defense attorneys employ various strategies, including247:

• Arguing your actions didn’t constitute a “gross deviation” from how a reasonable person would have acted in that situation. This challenges whether the negligence rose to the criminal level required.
• Presenting an alibi or mistaken identity defense to show you weren’t actually involved or responsible.
• Negotiating to have the charges reduced if the evidence doesn’t fully support negligent homicide.

The strongest defense depends on the specific facts of your case. An attorney can examine all angles to formulate the best approach.

When Negligence Leads to Tragedy

Look, no one ever wants to find themselves in this position. Negligent homicide cases are inherently tragic – a life was senselessly lost due to someone’s failure to perceive obvious risks14.But, that doesn’t mean you’re automatically guilty or that the charges are valid. The prosecution must prove every element of the crime beyond a reasonable doubt27. An experienced criminal defense lawyer can fight for your rights and ensure you receive due process.If you do find yourself charged with negligent homicide, or any homicide offense, it’s absolutely critical to avoid saying anything to law enforcement without an attorney present. Even seemingly innocuous statements can potentially be used against you.

The Importance of Skilled Legal Representation

Facing charges as serious as negligent homicide is terrifying – your freedom, finances, and future all hang in the balance. This is why hiring a top-tier criminal defense firm is so vital.At Spodek Law Group, our team of former prosecutors has successfully defended clients against the most serious charges, including all forms of homicide. We know how to dismantle the prosecution’s case and leverage every possible advantage.Our attorneys take a hands-on, detail-oriented approach. We leave no stone unturned investigating all aspects of your situation. Through this diligence, we develop a comprehensive legal strategy tailored specifically to your case and needs.We also believe in full transparency. Many clients feel embarrassed or hesitant to openly discuss the allegations against them. But for us to mount the strongest possible defense, we need you to feel comfortable having an honest dialogue. We’ll guide you through the process with empathy and a complete lack of judgment.No matter how complex or daunting your charges may seem, our elite criminal defense team is ready to fight tenaciously for you. Reach out today to schedule a consultation – your future depends on it.

When Civil Liability Comes Into Play

In many negligent homicide cases, the defendant doesn’t just face potential criminal penalties – there may also be civil liability in the form of wrongful death lawsuits6.A wrongful death occurs when someone’s negligence, carelessness or inattentiveness causes a fatality6. The deceased’s family can then file a civil suit seeking monetary damages for things like:

• Loss of future income and benefits
• Loss of care, nurturing and guidance
• Funeral/burial expenses
• Pain and suffering of the deceased prior to death
• Punitive damages in egregious cases

So in addition to any criminal case, the defendant may simultaneously be sued in civil court by the victim’s family. This underscores why hiring an attorney experienced in both criminal and civil litigation is so advantageous.At Spodek Law Group, our team has successfully defended clients against criminal negligent homicide charges while simultaneously protecting their interests in parallel civil wrongful death suits. We have the resources and expertise to fight on all legal fronts.

The Path Forward

Look, we get it – being charged with negligent homicide is incredibly stressful. You likely have a million thoughts and worries racing through your mind. But try to stay positive – this isn’t the end.With the right legal representation, you can clear your name and move forward with your life. Our elite criminal defense team at Spodek Law Group has helped countless clients overcome charges just as serious as the ones you’re facing.We’ll treat you with the utmost professionalism, empathy and respect every step of the way. Our track record of success speaks for itself – we achieve unparalleled results through our tenacious advocacy and mastery of criminal law.If you or a loved one has been charged with negligent homicide, don’t wait – your future is on the line. Contact us immediately to schedule a consultation and start building the strongest possible defense. We’re ready to fight fearlessly for your rights and freedom.