Legal Question in Criminal Law in New York

homocide

What exactly is homocide and how long of a sentence could you serve and or other punishment under what circumstances.


Asked on 10/21/02, 7:55 pm

2 Answers from Attorneys

James Kats James S. Kats, Esq.

Re: homocide

Strictly speaking, a "homicide" is the killing of a human being by another human and can include a completely exonerated killing. For example, if one kills another in self defense, it is not punishable but it still qualifies as a homicide.

The most severely punished homicides are those involving law enforcement people, judges, etc., and performed with criminal intent.

For more info, call J. KATS 347-451-7318 or E-mail JamesSkats @aol.com.

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Answered on 10/21/02, 10:46 pm
Raymond David Marquez R. David Marquez, P.C.

Re: homocide

Homicide, is the taking of another's life. Killing a person. Homicide takes on various different forms. It can be as a result of a negligent act(volunary or involuntary), or a criminal act that is either criminally negligent or intentional. 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. Class E felonies may draw a sentence of 1 1/3 to 3 years. The worst form of homicide is first degree murder. When a person is convicted of murder in the first degree as defined in section 125.27 of the Penal Law, the court shall sentence the defendant to death or to life imprisonment without parole. It all depends on the facts of the particular case.

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Answered on 10/22/02, 9:51 am


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