The general definition for homicide is the killing of a human being. Not every homicide in Brooklyn is a criminal act. If there is a justification or reason, called a legal excuse, no one will be charged with a crime. For instance, a killing of a human being is justified if you were defending yourself from harm. This is called self-defense.
However, a person who does not have a legal excuse or justification can be accused of criminal homicide in Brooklyn. The definition of homicide is outlined under New York’s Penal Law 125.00.
How Homicide is Defined According to State Law 125
In New York, homicide refers to a person’s conduct which lead to the death of an unborn child or an individual. The death of an unborn child is only considered homicide when the woman was pregnant for more than 24 weeks.
The crime also includes an “abortional act.” The act refers to a person or the expectant mother causing the death of an unborn child by administering or taking prescription drugs to cause a miscarriage.
The type of homicide charge leveled against an individual depends on the facts of the case. Several criminal acts involve homicide.
Criminally Negligent Homicide
Criminal negligent homicide is a Class E felony. It occurs when a person killing a human being without any intention to cause serious physical injury or death. Instead, they are deemed reckless, careless or inattentive.
The prison sentence for being found guilty of criminal negligent homicide is four years in prison.
Aggravated Criminally Negligent Homicide
Aggravated criminal homicide has the same definition as the lesser charge. It occurs when a person fails to avoid an unjustifiable and substantial risk that causes the killing of another person. The person does not intend to cause a person’s death. The charge increases to aggravated because the accused knew the alleged victim was a peace or police officer performing their duties. The police or peace officer includes occupations that include, but is not limited to:
• Corrections officer
• Probation office
The criminal punishment is 16 years in prison, if convicted.
Vehicular Manslaughter in the First Degree
In Brooklyn, vehicular manslaughter occurs causes the death of a human being while operating a motor vehicle. The charge may result because they were over the blood alcohol content (BAC) by at least .18 percent. They had a revoked license. They had a prior conviction of a traffic law within the last 10 years. The alleged victim, sitting in the passenger seat at the time of the crash, was a minor.
The criminal sentence includes a mandatory minimum of one year in prison. The maximum sentence is 15 years in prison.
Vehicular Manslaughter in the Second Degree
Vehicle manslaughter in the second degree is a Class D felony in Brooklyn. It also includes causing the death of a human being while operating a motor vehicle. The death resulted from being intoxicated or impaired at the time of the accident.
The punishment for second degree vehicle manslaughter in Brooklyn is seven years in prison.
Manslaughter in the First and Second Degrees
Manslaughter in the first degree is the reckless act of causing the killing of a human being. The person did not intend to kill the alleged victim, but it happened. For instance, they meant to cause serious bodily harm, but not death. You can also be charged with first degree manslaughter when attempting to kill or harm someone else and a third party dies instead.
Manslaughter in the second degree is the reckless act of causing the death of a human being. In the second-degree offense, the accused allegedly acted recklessly or intentionally helped with another individual’s suicide.
Manslaughter in the first degree has a prison sentence ranging from five to 25 years in prison. Second degree manslaughter is one to 15 years in prison.
Contact a Brooklyn Attorney about Your Homicide Charge
If you or a loved one is accused of homicide, contact us immediately. We will begin working on your defense immediately.
Todd helped our family when our dad was arrested in the middle of the night. He immediately sprung into action and helped bail him out, get him processed quickly, and then eventually had the case dismissed. Super fast, super prompt.- Aaron
The attorneys here are fantastic, and are VERY sharp. They know how to win cases, and know how to fight for your rights. I strongly recommend them as a firm.- Richard
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