PL 125.10 · Article 125
Criminally Negligent Homicide
This offense requires causing another person's death with criminal negligence. The fact that someone died does not, by itself, establish either criminal negligence or that the person accused caused the death.
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Text us immediately · (845) 290-2492Definition under New York law
PL 125.10 · Original statutory wording; excerpts must be read together with the full section.
§ 125.10 Criminally negligent homicide. 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.Read the full section at the New York State SenateIn everyday language
This offense requires causing another person's death with criminal negligence. The fact that someone died does not, by itself, establish either criminal negligence or that the person accused caused the death.
At a criminal trial, the prosecutor must prove every element of the charged subsection and that you committed the offense beyond a reasonable doubt. An accusation is not proof of guilt. Where the statute provides alternatives, the prosecutor need not prove every alternative; the charged theory matters. Affirmative defenses may have different proof rules.
CPL § 70.20What the prosecutor must prove
- The prosecution must prove beyond a reasonable doubt that the person accused caused another person's death.
- The prosecution must also prove beyond a reasonable doubt that the person accused acted with criminal negligence in causing that death.
- These requirements are cumulative; the supplied statute contains no alternative routes.
Defenses that commonly apply
- What conduct is attributed to the person accused, and what evidence supports that attribution?
- What facts support or undermine the allegation that the conduct involved criminal negligence?
- What medical or other evidence establishes the cause of death and its connection to the conduct attributed to the person accused?
Penalties and collateral consequences
A Class E Felony carries a maximum sentence of up to 4 years in state prison and a fine of up to $5,000 or up to twice the gain.
Common questions about your defense
Can disputed causation support a defense to criminally negligent homicide?
The statute requires that the person accused caused another person's death with criminal negligence. If the evidence does not establish the required causal connection, that gap may support a defense even when a death is undisputed. The prosecution must prove both causation and criminal negligence beyond a reasonable doubt.
Why is starting a defense early imperative?
An early defense is imperative to protect your rights and preserve evidence that may disappear. Keep court papers, messages, footage, and witness information without deleting or altering anything. Counsel can review court dates and applicable deadlines, request evidence, and begin preparing your defense immediately.
How does an experienced lawyer help build the best possible defense?
Your lawyer checks the exact subsection, compares its requirements with the evidence, and listens to your account. Depending on the charge, counsel may investigate identification, intent, witness reliability, and possible problems with searches, statements, or testing. Working together on an early strategy is imperative to pursue the best possible outcome in your circumstances; no outcome is guaranteed.
Does an arrest or police report prove the charge?
No. A police report is part of the case, not a finding of guilt. Your lawyer can compare its claims with video, records, and witnesses and assess whether admissible evidence meets each applicable requirement.
Can the charge be dismissed or reduced?
That depends on the evidence, the charged subsection, and procedural rules. Challenging evidence, filing motions, negotiating a legally available resolution, or preparing for trial may be appropriate. No lawyer can promise dismissal, reduction, or acquittal.
Every case turns on its own facts. The information on this page is general, not legal advice.
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