PL 125.10 · Article 125
Criminally Negligent Homicide
Criminally negligent homicide alleges that a person caused a death with criminal negligence — failing to perceive a substantial and unjustifiable risk in a way that grossly deviates from how a reasonable person would act.
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Text us immediately · (845) 290-2492What the prosecutor must prove
- The accused caused the death of another person.
- The accused acted with criminal negligence.
Defenses that commonly apply
- Ordinary carelessness, even if tragic, is not criminal negligence.
- Causation and accident-reconstruction disputes.
- The prosecution must prove every element beyond a reasonable doubt; gaps in the evidence matter.
- Challenging identification, witness credibility, and the reliability of statements to police.
- Suppression of evidence or statements obtained in violation of constitutional rights.
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 Up to $5,000 or up to twice the gain.
Every case turns on its own facts. The information on this page is general, not legal advice.
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