Criminally Negligent Homicide
Criminally Negligent Homicide
If you have ever driven your car while texting or talking on the phone, you have walked very close to having a catastrophic accident and the potential for being charged with Criminally Negligent Homicide. If you are engaged in a conversation on your phone in New York while holding the handset to your head while driving you have violated Section 1225-C of the traffic laws for the State of New York. At the very least you can be fined not more than $100 if found guilty; at the worst you could lose control of your vehicle and harm others in the process again putting you in jeopardy of being charged with Criminally Negligent Homicide.
If you or a loved one has been charged with Criminally Negligent Homicide contact NY Homicide Defense Attorney Troy Smith NOW at (914) 358-1433, by email at Troy@NYLawSmith.com, or use the contact form HERE.
Most people assume that the crime of vehicular homicide can only be committed by those who have had too much to drink, or who drive under the influence of narcotics or other drugs. When in fact, any person who drives recklessly and kills another person or people in the process, can be found guilty of Criminally Negligent Homicide while driving a motor vehicle.
This is true if you are the drunk driver behind the wheel who gets into a fatal accident with another car (SEE VEHICULAR MANSLAUGHTER ), or if you are the mom driving while texting who hits a pedestrian who later dies.
Criminally Negligent Homicide, also referred to as Involuntary Manslaughter, is defined by New York Penal Code Section 125.10 as follows:
A person is guilty of Criminally Negligent Homicide when, with criminal negligence, he causes the death of another person. Criminally Negligent Homicide is a class E felony punishable by up to four years in prison.
Other instances of Criminally Negligent Homicide occur in situations involving children who die as a result of a parent’s neglect, or circumstances where a reasonable person would recognize the danger to the victim. Killings caused by this are unintentional, and are the result of criminal negligence, or recklessness. Criminally Negligent Homicide is distinguished from other degrees of homicide by the fact that the victim’s death was unintentional.
If you or a loved one has been charged with Criminally Negligent Homicide contact Criminal Defense Lawyer Troy Smith NOW at (914) 358-1433, by email at Troy@NYLawSmith.com, or use the contact form HERE.
Sentencing for Criminally Negligent Homicide varies depending upon how the circumstances surrounding the crime are broken down. The nature of the crime, together with any mitigating circumstances existing in your particular situation, will serve to determine what kind of sentence you will receive if you are found guilty of Criminally Negligent Homicide in New York.
Because the nature of all homicide crimes involve the death of another person, prosecutors and law enforcement are typically extremely aggressive in their investigations. If you are approached as either a suspect, witness, or person of interest in any criminally negligent homicide investigation, do not speak to anyone until you have called Troy A. Smith, an experienced homicide defense attorney.
Litigating the coercive interrogation techniques used by law enforcement which may lead to a false confession is an area where Mr. Smith is considered a subject matter expert.
With over 18 years of criminal litigation and appellate experience from his former positions as a criminal defense counsel in the United States Army, and a former New York City homicide prosecutor, Troy Smith has an insight into the process and mind-set of prosecutors that is essential for any criminal defense lawyer.
Attorney Troy Smith serves clients in Manhattan, Brooklyn, Bronx, Staten Island, White Plains and all of the greater New York City Area.