New York Penal Law 125.11: Aggravated criminally negligent homicide

Understanding Aggravated Criminally Negligent Homicide in New York

The crime of homicide normally involves intentionally taking the life of another human being. However, in the state of New York, if you unintentionally take the life of a police or peace officer during a negligent act, you can be charged with Aggravated Criminally Negligent Homicide. If the officers were in the act of performing their duties, and you caused an officer’s death during a reckless act, you could face a homicide charge under New York penal code 125.11. Criminal negligence is when you fail to recognize that the risk of your actions could result in the death of another person.

Aggravated Criminally Negligent Homicide Example

If you are driving down a busy interstate and texting at the same time, and you suddenly have to avoid two oncoming cars and veer off to the side of the road and hit and kill a police officer while that officer stopped another car, you could be subject to the charge of aggravated criminally negligent homicide.

Criminally Negligent Homicide vs. Aggravated Criminally Negligent Homicide

If you are guilty of criminally negligent homicide, then you caused the death of another person through reckless acts. However, Aggravated Criminally Negligent Homicide is taking the life of a police officer through reckless acts. Criminally negligent homicide is a class E felony and is the least serious of homicide offense in New York. Although you did not intend to kill a person by your acts, you did know that your acts could lead to the death of another person, which warrants the charge of criminally negligent homicide.

Aggravated Criminally Negligent Homicide

Aggravated criminally negligent homicide is the most serious of homicide offenses in New York because the death involved a police office. Most prosecutors in New York will charge you with as many felonies as they can when it involves the death of a police officer. However, under the law, you must have known that your reckless acts would lead to the death of a police officer. Therefore, if you did not know the person killed was a police officer, the prosecutor cannot charge you with aggravated criminally negligent homicide.

Possible Defenses

If you are charged with the most serious of homicide offenses, you will need an experienced NYC criminal attorney who can help you mount your defense. The first angle of approach is whether you knew the victim was a police officer. Another angle is whether or not you knew the officer was performing his or her duties. If either of the defenses holds true, then a jury cannot convict you of the most serious form of homicide. You could also argue that your actions did not differ from what a reasonable person would do in a similar situation.

Aggravated Criminally Negligent Homicide Sentence

Whether you are charged with manslaughter, murder or any form of homicide, you will spend multiple years in prison if you are convicted. However, aggravated criminally negligent homicide is the most serious offense, and if you are convicted, you will spend a minimum of 15 years in prison. Depending on the circumstances and your actions leading to the death of the victim, a judge could sentence you to life in prison if the court deems your actions as beyond how any other reasonable person would act. An experienced team of nyc criminal attorneys can help you avoid a conviction on these serious allegations.

Christine Twomey

2024-03-21

Just had my Divorce case settled 2 months ago after having a horrible experience with another firm. I couldn’t be happier with Claire Banks and Elizabeth Garvey with their outstanding professionalism in doing so with Spodek Law Group. Any time I needed questions answered they were always prompt in doing so with all my uncertainties after 30 yrs of marriage.I feel from the bottom of my heart you will NOT be disappointed with either one. Thanks a million.

Brendan huisman

2024-03-18

Alex Zhik contacted me almost immediately when I reached out to Spodek for a consultation and was able to effectively communicate the path forward/consequences of my legal issue. I immediately agreed to hire Alex for his services and did not regret my choice. He was able to cover my case in court (with 1 day notice) and not only was he able to push my case down, he carefully negotiated a dismissal of the charge altogether. I highly recommend Spodek, and more specifically, Alex Zhik for all of your legal issues. Thanks guys!

Guerline Menard

2024-03-18

Thanks again Spodek law firm, particularly Esq Claire Banks who stood right there with us up to the finish line. Attached photos taken right outside of the court building and the smile on our faces represented victory, a breath of fresh air and satisfaction. We are very happy that this is over and we can move on with our lives. Thanks Spodek law 🙏🏼🙏🏼🙏🏼🙏🏼🙌🏼❤️

Keisha Parris

2024-03-15

Believe every single review here about Alex Z!! From our initial consultation, it was evident that Alex possessed a profound understanding of criminal law and a fierce dedication to his clients rights. Throughout the entirety of my case, Alex exhibited unparalleled professionalism and unwavering commitment. What sets Alex apart is not only his legal expertise but also his genuine compassion for his clients. He took the time to thoroughly explain my case, alleviating any concerns I had along the way. His exact words were “I’m not worried about it”. His unwavering support and guidance were invaluable throughout the entire process. I am immensely grateful for Alex's exceptional legal representation and wholeheartedly recommend his services to anyone in need of a skilled criminal defense attorney. Alex Z is not just a lawyer; he is a beacon of hope for those navigating the complexities of the legal system. If you find yourself in need of a dedicated and competent legal advocate, look no further than Alex Z.

Taïko Beauty

2024-03-15

I don’t know where to start, I can write a novel about this firm, but one thing I will say is that having my best interest was their main priority since the beginning of my case which was back in Winter 2019. Miss Claire Banks, one of the best Attorneys in the firm represented me very well and was very professional, respectful, and truthful. Not once did she leave me in the dark, in fact she presented all options and routes that could possibly be considered for my case and she reinsured me that no matter what I decided to do, her and the team will have my back and that’s exactly what happened. Not only will I be liberated from this case, also, I will enjoy my freedom and continue to be a mother to my first born son and will have no restrictions with accomplishing my goals in life. Now that’s what I call victory!! I thank the Lord, My mother, Claire, and the Spodek team for standing by me and fighting with me. Words can’t describe how grateful I am to have the opportunity to work with this team. I’m very satisfied, very pleased with their performance, their hard work, and their diligence. Thank you team!

Anthony Williams

2024-03-12

Hey, how you guys doing? Good afternoon my name is Anthony Williams I just want to give a great shout out to the team of. Spodek law group. It is such a honor to use them and to use their assistance through this whole case from start to finish. They did everything that they said they was gonna do and if it ever comes down to it, if I ever have to use them again, hands-down they will be the first law office at the top of my list, thank you guys so much. It was a pleasure having you guys by my side so if you guys ever need them, do not hesitate to pick up the phone and give them a call.

Loveth Okpedo

2024-03-12

Very professional, very transparent, over all a great experience

Bee L

2024-02-28

Amazing experience with Spodek! Very professional lawyers who take your case seriously. They treated me with respect, were always available, and answered any and all questions. They were able to help me very successfully and removed a huge stress. Highly recommend.

divesh patel

2024-02-24

I can't recommend Alex Zhik and Spodek Law Firm highly enough for their exceptional legal representation and personal mentorship. From the moment I engaged their services in October 2022, Alex took the time to understand my case thoroughly and provided guidance every step of the way. Alex's dedication to my case went above and beyond my expectations. His expertise, attention to detail, and commitment to achieving the best possible outcome were evident throughout the entire process. He took the time to mentor me, ensuring I understood the legal complexities involved to make informed decisions. Alex is the kind of guy you would want to have a beer with and has made a meaningful impact on me. I also want to acknowledge Todd Spodek, the leader of the firm, who played a crucial role in my case. His leadership and support bolstered the efforts of Alex, and his involvement highlighted the firm's commitment to excellence. Thanks to Alex Zhik and Todd Spodek, I achieved the outcome I desired, and I am incredibly grateful for their professionalism, expertise, and genuine care. If you're in need of legal representation, look no further than this outstanding team.

Load more

Google rating score: 4.9 of 5, based on 736 reviews