What is criminally negligent homicide?

By |2020-07-31T15:53:11+00:00July 31st, 2020||

Criminally negligent homicide is a crime charged when a person causes the death of a person while acting with criminal negligence. There are many instances when an individual can be charged with this type of offense including when a death is caused to another person by: speeding and driving dangerously; using drugs and operating a [...]

What is restitution?

By |2020-07-31T15:51:23+00:00July 31st, 2020||

Restitution is an amount of money a court will order a defendant to pay to a victim of a crime. A New York criminal court may only order payment for the out of pocket losses suffered by the victim of the crime. In criminal court, the amount of restitution cannot include sums for pain and suffering or [...]

Can I be convicted of criminally negligent homicide if speeding causes the death of another person?

By |2020-07-31T15:51:01+00:00July 31st, 2020||

Maybe. Courts have held that driving at least 90 MPH in a 55 MPH zone, in addition to other factors, and causing the death of another person are sufficient to support a conviction of criminally negligent homicide. However, proof of speed alone will not support a finding of criminal negligence.  It is important to talk [...]

Can I be convicted of criminally negligent homicide if I fail to get medical attention for someone who needs it?

By |2020-07-31T15:50:29+00:00July 31st, 2020||

Maybe. If you owe a duty of care to a person, then you are required to act without criminal negligence. A duty of care may be imposed in many ways including a familial relationship like caring for a child, or employment like a lifeguard. It can also be imposed if you accept a duty. In [...]

What is aggravated criminally negligent homicide in violation of penal law § 125.11?

By |2020-07-31T15:49:41+00:00July 31st, 2020||

A person is guilty of aggravated criminally negligent homicide when, with criminal negligence, he or she causes the death of a police officer or peace officer where such officer was in the course of performing his or her official duties and the defendant knew or reasonably should have known that such victim was a police officer [...]

What is the punishment if I am convicted of aggravated criminally negligent homicide in violation of penal law § 125.11?

By |2020-07-31T15:49:15+00:00July 31st, 2020||

Aggravated criminally negligent homicide is a class C felony and is punishable by up to 20 years in prison. Although a class C felony is typically punishable by up to 15 years in jail, if convicted of this offense, the maximum prison sentence is increased to 20 years. If convicted you may be ordered to [...]

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