Simply put, homicide refers to the killing of one person by another. Manslaughter and murder are both hypes of homicides. Expectedly, homicide is a serious offense in all states, but state laws may vary. If you have been charged with a crime in Rochester, especially homicide, you need to work on your defense right away. Do not assume that the public defender will have the time to devote to the case. You need a criminal divorce attorney to help you devise the right strategy. Negligent homicide is a situation where one party’s recklessness or negligence results in the death of another. Here’s more on what you need to know.
The basics
For the unversed, negligent homicide is also known as involuntary manslaughter in New York. This essentially means that the defendant, although responsible for the death of the victim but didn’t intend to commit the crime. There are several examples of negligent homicide or involuntary manslaughter, including motor vehicle accidents, premise liability, and reckless use of firearms. Accidents within the construction industry are quite common and can have fatal outcomes. These are also treated as negligent homicides. Now, if someone was killed in a car accident, the defendant would face involuntary manslaughter charges. At the same time, the victim’s family can also choose to file a wrongful death to recover a settlement. Negligent homicide is treated as a Class E nonviolent felony, and punishment may include up to four years in jail. Other factors could add to or reduce the defendant’s sentence.
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Legal elements of negligent homicide
There are different legal elements of negligent homicide. In short, the death of the victim must have occurred due to the reckless action or negligence of the defendant. The prosecution has the burden to prove that the defendant didn’t take reasonable care in the given situation and is directly responsible for the fatal accident that led to the victim’s death. Negligent homicide is not the same as voluntary manslaughter, and the latter carries severe penalties for conviction.
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Get a lawyer
While a negligent homicide may not sound like a serious crime as an intentional murder, a conviction can change your life forever. It would help if you got an attorney immediately because there is always a chance that the prosecution’s case is not strong. Also, your lawyer will review and investigate the circumstances of the fatal accident to get more evidence, which may help devise the right defense strategy.