HOMICIDE
Nassau County Criminal Lawyer
Section 125.10 Criminally negligent homicide - Nassau County
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.
Section 125.11 Aggravated criminally negligent homicide - Nassau County
A person is guilty of aggravated criminally negligent homicide when, with
criminal negligence, he or she causes the death of a police officer or peace
officer where such officer was in the course of performing his or her official
duties and the defendant knew or reasonably should have known that such victim
was a police officer or peace officer.
Aggravated criminally negligent homicide is a class C felony.
Nassau County Criminal Lawyers
Section 125.12 Vehicular manslaughter in the second degree - Nassau
County
A person is guilty of vehicular
manslaughter in the second degree when he or she causes the death of another
person, and either:
(1) operates a motor vehicle in violation of subdivision two, three or four of section
eleven hundred ninety-two of the vehicle and traffic law or operates a vessel
or public vessel in violation of paragraph (b), (c), (d) or (e) of subdivision
two of section forty-nine-a of the navigation law, and as a result of such
intoxication or impairment by the use of a drug, operates such motor vehicle,
vessel or public vessel in a manner that causes the death of such other person,
or
(2) operates a motor vehicle with a gross vehicle weight rating of more than
eighteen thousand pounds which contains flammable gas, radioactive materials or
explosives in violation of subdivision one of section eleven hundred ninety-two
of the vehicle and traffic law, and such flammable gas, radioactive materials
or explosives is the cause of such death, and as a result of such intoxication
or impairment by the use of a drug, operates such motor vehicle in a manner
that causes the death of such other person, or
(3) operates a snowmobile in violation of paragraph (b), (c) or (d) of
subdivision one of section 25.24 of the parks, recreation and historic
preservation law or operates an all terrain vehicle as defined in paragraph (a)
of subdivision one of section twenty-two hundred eighty-one of the vehicle and
traffic law in violation of subdivision two, three, or four of eleven hundred
ninety-two of the vehicle and traffic laws, and as a result of such
intoxication or impairment by the use of a drug, operates such snowmobile or
all terrain vehicle in a manner that causes the death of such other person.
If it is established that the person operating such motor vehicle, vessel,
public vessel, snowmobile or all terrain vehicle caused such death while
unlawfully intoxicated or impaired by the use of a drug, then there shall be a
rebuttable presumption that, as a result of such intoxication or impairment by
the use of a drug, such person operated the motor vehicle, vessel, public
vessel, snowmobile or all terrain vehicle in a manner that caused such death,
as required by this section.
Vehicular manslaughter in the second degree is a class D felony.
Section 125.13 Vehicular manslaughter in the first degree - Nassau County
A person is guilty of
vehicular manslaughter in the first degree when he or she:
(1) commits the crime of vehicular manslaughter in the second degree as defined
in section 125.12, and
(2) commits such crime while knowing or having reason to know that: (a) his or
her license or his or her privilege of operating a motor vehicle in another
state or his or her privilege of obtaining a license to operate a motor vehicle
in another state is suspended or revoked and such suspension or revocation is
based upon a conviction in such other state for an offense which would, if
committed in this state, constitute a violation of any of the provisions of section
eleven hundred ninety-two of the vehicle and traffic law; or (b) his or her
license or his or her privilege of operating a motor vehicle in the state or
his or her privilege of obtaining a license issued by the commissioner of motor
vehicles is suspended or revoked and such suspension or revocation is based
upon either a refusal to submit to a chemical test pursuant to section eleven
hundred ninety-four of the vehicle and traffic law or following a conviction
for a violation of any of the provisions of section eleven hundred ninety-two
of the vehicle and traffic law.
If it is established that the person operating such motor vehicle caused such
death while unlawfully intoxicated or impaired by the use of a drug, then there
shall be a rebuttable presumption that, as a result of such intoxication or
impairment by the use of a drug, such person operated the motor vehicle in a
manner that caused such death, as required by this section.
Vehicular manslaughter in the first degree is a class C felony.
Nassau County Criminal Lawyers
Section 125.15
Manslaughter in the second degree - Nassau
County
A person is guilty of
manslaughter in the second degree when:
1. He recklessly causes the death of another person; or
2. He commits upon a female
an abortional act which causes her death, unless such abortional act is
justifiable pursuant to subdivision three of section 125.05;
or
3.
He intentionally causes or aids another person to commit suicide.
Manslaughter in the second
degree is a class C felony.
Nassau County Criminal Attorney
Section 125.20 Manslaughter in the first degree - Nassau County
A person is guilty of
manslaughter in the first degree when:
1. With intent to cause
serious physical injury to another person, he causes the death of such person
or of a third person; or
2. With intent to cause the
death of another person, he causes the death of such person or of a third
person under circumstances which do not constitute murder because he acts under
the influence of extreme emotional disturbance,
as defined in paragraph (a) of subdivision one of section 125.25. The fact that homicide was
committed under the influence of extreme emotional disturbance constitutes a
mitigating circumstance reducing murder to manslaughter in the first degree and
need not be proved in any prosecution initiated under this subdivision;
or
3. He commits upon a female
pregnant for more than twenty-four weeks an abortional act which causes her
death, unless such abortional act is justifiable pursuant to subdivision three
of section 125.05; or
4. Being eighteen years old or
more and with intent to cause physical injury to a person less than eleven
years old, the defendant recklessly engages in conduct which creates a grave
risk of serious physical injury to such person and thereby causes the death of
such person.
Manslaughter in the first
degree is a class B felony.
Section 125.21 Aggravated manslaughter in the second degree - Nassau
County
A person is guilty of aggravated manslaughter in the second degree when he or
she recklessly causes the death of a police officer or peace officer where such
officer was in the course of performing his or her official duties and the
defendant knew or reasonably should have known that such victim was a police
officer or peace officer.
Aggravated manslaughter in the second degree is a class C felony.
Nassau County Criminal Lawyer
Section 125.22 Aggravated manslaughter in the first degree - Nassau
County
A person is guilty of aggravated
manslaughter in the first degree when:
1. with intent to cause serious physical injury to a police officer or peace
officer, where such officer was in the course of performing his or her official
duties and the defendant knew or reasonably should have known that such victim
was a police officer or a peace officer, he or she causes the death of such
officer or another police officer or peace officer; or
2. with intent to cause the death of a police officer or peace officer, where
such officer was in the course of performing his or her official duties and the
defendant knew or reasonably should have known that such victim was a police
officer or peace officer, he or she causes the death of such officer or another
police officer or peace officer under circumstances which do not constitute
murder because he or she acts under the influence of extreme emotional
disturbance, as defined in paragraph (a) of
subdivision one of section 125.25. The fact that homicide was committed
under the influence of extreme emotional disturbance constitutes a mitigating
circumstance reducing murder to aggravated manslaughter in the first degree or
manslaughter in the first degree and need not be proved in any prosecution
initiated under this subdivision.
Aggravated manslaughter in the first degree is a class B felony.
Nassau County NY Criminal defense Law Firm
Section 125.25 Murder in the second degree - Nassau
County
A person is guilty of murder
in the second degree when:
1. With intent to cause the
death of another person, he causes the death of such person or of a third
person; except that in any prosecution under this subdivision, it is an affirmative defense that:
(a)
The defendant acted under the influence of extreme
emotional disturbance for which there was a reasonable explanation or
excuse, the reasonableness of which is to be determined from the viewpoint of a
person in the defendant's situation under the circumstances as the defendant
believed them to be. Nothing contained in this paragraph shall constitute
a defense to a prosecution for, or preclude a conviction of, manslaughter in
the first degree or any other crime; or
(b) The defendant's conduct
consisted of causing or aiding, without the use of duress or deception, another
person to commit suicide. Nothing contained in this paragraph shall
constitute a defense to a prosecution for, or preclude a conviction of,
manslaughter in the second degree or any other crime; or
2. Under circumstances evincing a depraved indifference to
human life, he recklessly engages in conduct which creates a grave risk of
death to another person, and thereby causes the
death of another person; or
3. Acting either alone or with one or more other persons, he
commits or attempts to commit robbery, burglary, kidnapping, arson, rape in the first degree, criminal sexual act
in the first degree, sexual abuse in the first degree, aggravated sexual abuse,
escape in the first degree, or escape in the second degree, and, in the course of and in furtherance of such crime or
of immediate flight therefrom, he, or another
participant, if there be any, causes the death
of a person other than one of the participants; except that in any
prosecution under this subdivision, in which the defendant was not the only
participant in the underlying crime, it is an affirmative
defense that the defendant:
(a) Did not commit the
homicidal act or in any way solicit, request, command, importune, cause or aid
the commission thereof; and
(b) Was not armed with a
deadly weapon, or any instrument, article or substance readily capable of
causing death or serious physical injury and of a sort not ordinarily carried
in public places by law-abiding persons; and
(c) Had no reasonable ground
to believe that any other participant was armed with such a weapon, instrument,
article or substance; and
(d) Had no reasonable ground
to believe that any other participant intended to engage in conduct likely to
result in death or serious physical injury; or
4. Under circumstances
evincing a depraved indifference to human life, and being eighteen years old or
more the defendant recklessly engages in conduct which creates a grave risk of serious
physical injury or death to another person less than eleven years old and
thereby causes the death of such person; or
5. Being eighteen years old or more,
while in the course of committing rape in the first, second or third degree,
criminal sexual act in the first, second or third degree, sexual abuse in the
first degree, aggravated sexual abuse in the first, second, third or fourth
degree, or incest as defined in section 255.25
of this chapter, against a person less than fourteen years old, he or she
intentionally causes the death of such person.
Murder in the second degree is
a class A-I felony.
Nassau County Criminal Attorneys
Section 125.26 Aggravated murder - Nassau
County
A person is guilty of aggravated murder when:
1. With intent to cause the death of another person, he or she causes the death
of such person, or of a third person who was a person described in subparagraph
(i), (ii) or (iii) of paragraph (a) of this subdivision engaged at the time of
the killing in the course of performing his or her official duties; and
(a) Either:
(i) the intended victim was a police officer as defined in subdivision
thirty-four of section 1.20 of the criminal procedure law who was at the time
of the killing engaged in the course of performing his or her official duties,
and the defendant knew or reasonably should have known that the victim was a
police officer; or
(ii) the intended victim was a peace officer as defined in paragraph a of
subdivision twenty-one, subdivision twenty-three, twenty-four or sixty-two
(employees of the division for youth) of section 2.10 of the criminal procedure
law who was at the time of the killing engaged in the course of performing his
or her official duties, and the defendant knew or reasonably should have known
that the victim was such a uniformed court officer, parole officer, probation
officer, or employee of the division for youth; or
(iii) the intended victim was an employee of a state correctional institution
or was an employee of a local correctional facility as defined in subdivision
two of section forty of the correction law, who was at the time of the killing
engaged in the course of performing his or her official duties, and the
defendant knew or reasonably should have known that the victim was an employee
of a state correctional institution or a local correctional facility; and
(b) The defendant was more than eighteen years old at the time of the
commission of the crime.
2. In any prosecution under subdivision one of this section, it is an
affirmative defense that:
(a) The defendant acted under the influence of extreme emotional disturbance
for which there was a reasonable explanation or excuse, the reasonableness of
which is to be determined from the viewpoint of a person in the defendant's
situation under the circumstances as the defendant believed them to be. Nothing
contained in this paragraph shall constitute a defense to a prosecution for, or
preclude a conviction of, aggravated manslaughter in the first degree,
manslaughter in the first degree or any other crime except murder in the second
degree; or
(b) The defendant's conduct consisted of causing or aiding, without the use of
duress or deception, another person to commit suicide. Nothing contained in
this paragraph shall constitute a defense to a prosecution for, or preclude a
conviction of, aggravated manslaughter in the second degree, manslaughter in
the second degree or any other crime except murder in the second degree.
Aggravated murder is a class A-I felony.
Nassau County Criminal Law
Section 125.27 Murder in the first degree - Nassau
County
A person is guilty of murder
in the first degree when:
1. With intent to cause the
death of another person, he causes the death of such person or of a third
person; and
(a) Either:
(i) the intended victim
was a police officer as defined in subdivision 34 of section 1.20 of the
criminal procedure law who was at the time of the killing engaged in the course
of performing his official duties, and the defendant knew or reasonably should
have known that the intended victim was a police officer; or
(ii) the intended
victim was a peace officer as defined in paragraph a of subdivision twenty-one,
subdivision twenty-three, twenty-four or sixty-two (employees of the division
for youth) of section 2.10 of the criminal procedure law who was at the time of
the killing engaged in the course of performing his official duties, and the
defendant knew or reasonably should have known that the intended victim was
such a uniformed court officer, parole officer, probation officer, or employee
of the division for youth; or
(iii) the intended
victim was an employee of a state correctional institution or was an employee
of a local correctional facility as defined in subdivision two of section forty
of the correction law, who was at the time of the killing engaged in the course
of performing his official duties, and the defendant knew or reasonably should
have known that the intended victim was an employee of a state correctional
institution or a local correctional facility; or
(iv) at the time of the
commission of the killing, the defendant was confined in a state correctional
institution or was otherwise in custody upon a sentence for the term of his
natural life, or upon a sentence commuted to one of natural life, or upon a
sentence for an indeterminate term the minimum of which was at least fifteen
years and the maximum of which was natural life, or at the time of the
commission of the killing, the defendant had escaped from such confinement or
custody while serving such a sentence and had not yet been returned to such
confinement or custody; or
(v) the intended victim
was a witness to a crime committed on a prior occasion and the death was caused
for the purpose of preventing the intended victim's testimony in any criminal
action or proceeding whether or not such action or proceeding had been
commenced, or the intended victim had previously testified in a criminal action
or proceeding and the killing was committed for the purpose of exacting
retribution for such prior testimony, or the intended victim was an immediate
family member of a witness to a crime committed on a prior occasion and the
killing was committed for the purpose of preventing or influencing the
testimony of such witness, or the intended victim was an immediate family
member of a witness who had previously testified in a criminal action or
proceeding and the killing was committed for the purpose of exacting retribution
upon such witness for such prior testimony. As used in this subparagraph
"immediate family member" means a husband, wife, father, mother,
daughter, son, brother, sister, stepparent, grandparent, stepchild or
grandchild; or
(vi) the defendant
committed the killing or procured commission of the killing pursuant to an
agreement with a person other than the intended victim to commit the same for
the receipt, or in expectation of the receipt, of anything of pecuniary value
from a party to the agreement or from a person other than the intended victim
acting at the direction of a party to such agreement; or
(vii) the victim was killed while the defendant was in the course of
committing or attempting to commit and in furtherance of robbery, burglary in
the first degree or second degree, kidnapping in the first degree, arson in the
first degree or second degree, rape in the first degree, criminal sexual act in
the first degree, sexual abuse in the first degree, aggravated sexual abuse in
the first degree or escape in the first degree, or in the course of and
furtherance of immediate flight after committing or attempting to commit any
such crime or in the course of and furtherance of immediate flight after
attempting to commit the crime of murder in the second degree; provided
however, the victim is not a participant in one of the aforementioned crimes
and, provided further that, unless the defendant's criminal liability under
this subparagraph is based upon the defendant having commanded another person
to cause the death of the victim or intended victim pursuant to section 20.00
of this chapter, this subparagraph shall not apply where the defendant's
criminal liability is based upon the conduct of another pursuant to section
20.00 of this chapter; or
(viii) as part of the
same criminal transaction, the defendant, with intent to cause serious physical
injury to or the death of an additional person or persons, causes the death of
an additional person or persons; provided, however, the victim is not a
participant in the criminal transaction; or
Nassau Criminal Lawyer
(ix) prior to
committing the killing, the defendant had been convicted of murder as defined
in this section or section 125.25 of this
article, or had been convicted in another jurisdiction of an offense which, if
committed in this state, would constitute a violation of either of such
sections; or
(x) the defendant acted
in an especially cruel and wanton manner pursuant to a course of conduct
intended to inflict and inflicting torture upon the victim prior to the
victim's death. As used in this subparagraph, "torture" means
the intentional and depraved infliction of extreme physical pain;
"depraved" means the defendant relished the infliction of extreme
physical pain upon the victim evidencing debasement or perversion or that the
defendant evidenced a sense of pleasure in the infliction of extreme physical
pain; or
(xi) the defendant
intentionally caused the death of two or more additional persons within the
state in separate criminal transactions within a period of twenty-four months
when committed in a similar fashion or pursuant to a common scheme or
plan; or
(xii) the intended
victim was a judge as defined in subdivision twenty-three of section 1.20 of
the criminal procedure law and the defendant killed such victim because such
victim was, at the time of the killing, a judge; or
(xiii) the victim was
killed in furtherance of an act of terrorism, as defined in paragraph (b) of
subdivision one of section 490.05 of this
chapter; and
(b) The defendant was more
than eighteen years old at the time of the commission of the crime.
2. In any prosecution under
subdivision one, it is an affirmative defense
that:
(a) The defendant acted under
the influence of extreme emotional disturbance
for which there was a reasonable explanation or excuse, the reasonableness of
which is to be determined from the viewpoint of a person in the defendant's
situation under the circumstances as the defendant believed them to be.
Nothing contained in this paragraph shall constitute a defense to a prosecution
for, or preclude a conviction of, manslaughter in the first degree or any other
crime except murder in the second degree; or
(b) The defendant's conduct
consisted of causing or aiding, without the use of duress or deception, another
person to commit suicide. Nothing contained in this paragraph shall
constitute a defense to a prosecution for, or preclude a conviction of,
manslaughter in the second degree or any other crime except murder in the
second degree.
Murder in the first degree is a class A-I felony.
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