Criminally negligent homicide happens when someone causes the death of another person by failing to notice a serious and obvious risk. Under New York Penal Law § 125.10, this means a person didn’t intend to kill anyone but was so careless that it led to someone’s death. The law calls this “criminal negligence.”
This kind of charge usually comes up in situations where a person acts in a way that most others wouldn’t. It’s more than just a mistake—it’s behavior that shows a big lack of care. A person might not realize what could happen, but the law says they should have.
What Does Criminal Negligence Mean?
In New York, criminal negligence is defined in Penal Law § 15.05(4). It means failing to see a real and serious danger that your actions could hurt or kill someone. A regular person would have noticed the risk and done something differently.
For example, someone who texts while driving through a busy neighborhood could be seen as criminally negligent if they hit and kill a pedestrian. Even though they didn’t mean to hurt anyone, their lack of attention is seen as a serious failure to act responsibly.
Examples of Criminally Negligent Homicide
Here are two real-life situations that show how this charge can happen:
- Texting and Driving: A driver sends a text while behind the wheel and runs a red light, hitting and killing someone in the crosswalk. This could be seen as criminally negligent homicide because the driver ignored a serious risk by texting.
- Speeding in a Dangerous Area: A train conductor goes twice the speed limit in a zone with sharp curves and ends up causing a deadly crash. Even if they didn’t want to harm anyone, the careless decision to speed could lead to this charge.
What Are the Penalties for Criminally Negligent Homicide?
This charge is a Class E felony in New York. The maximum prison sentence is four years, and the person may also get five years of probation and a fine of up to $5,000.
However, the punishment can change based on the situation:
- If the person has a criminal history, they might get more time.
- If the case involves a DUI or a hit-and-run, the charge can be raised to a Class C felony, which can mean up to 15 years in prison and higher fines.
- Judges may also consider whether the person shows remorse or takes responsibility.
For example, in one New York case, a driver who caused a death while texting received a 1-to-4-year sentence partly because they showed no remorse.
How Police Investigate These Cases
Police take these cases seriously. They don’t just look at the death—they try to understand what led up to it. Investigators often:
- Interview witnesses
- Review surveillance footage
- Collect forensic evidence like fingerprints or blood
- Analyze phone records, GPS data, and vehicle black boxes
In some cases, they may bring in experts to study how the incident happened. For example, an accident reconstruction expert might explain whether speeding was a factor or whether the death could have been avoided.
What Happens During the Trial?
To convict someone of criminally negligent homicide, the prosecution has to prove two main things:
- The person acted with criminal negligence—meaning they failed to see a clear risk.
- That failure directly caused someone’s death.
The case often includes:
- Eyewitnesses who saw what happened
- Experts who can explain the risks involved
- Evidence from the scene, like video or physical damage
The jury has to believe, beyond a reasonable doubt, that the accused acted in a way that showed a big lack of care and that their actions led to the death.
Possible Defenses
Being charged with criminally negligent homicide doesn’t mean someone is guilty. There are defenses that a lawyer might raise:
- Lack of Awareness: The person couldn’t have seen the danger.
- No Causation: Something else, not the person’s actions, caused the death.
- No Proximate Cause: The link between what the person did and the death is too weak.
- Victim’s Own Actions: The victim took a serious risk that caused their own death.
- Self-Defense or Defense of Others: The person was trying to protect themselves or someone else.
- Medical Emergency: The person had a sudden health issue, like a seizure, that caused the accident.
Each defense depends on the facts of the case. Sometimes even small details can make a big difference.
Talk to a Long Island Criminal Defense Lawyer
If you or someone you care about is facing a criminally negligent homicide charge, it’s important to talk to a lawyer right away. This is a serious felony that can lead to years in prison, even if there was no intent to kill. The legal process can be confusing and stressful, but you don’t have to go through it alone.
Call (631) 424-6444 today to schedule a confidential consultation with our criminal defense lawyer in Long Island and get help building your defense.