Murder & Manslaughter Charges in Westchester County

A person will be charged with Aggravated Manslaughter in the First Degree when a person:

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

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.

A person will be charged with Vehicular Manslaughter in the Second Degree if they cause the death of another person and they either:

• Operate a motor vehicle while intoxicated pursuant to the Vehicle & Traffic Law (with a blood alcohol level of 0.08 or higher), or by the combined influence of drugs and alcohol, or operate a public vessel while intoxicated under the Navigation Law;
• Operate a more than 18,000 gross weight motor vehicle with flammable, radioactive or explosive materials in the vehicle and the cause of death is related to the flammable, radioactive or explosive materials; or
• Operate a snowmobile or ATV while intoxicated or impaired by drugs, or a combination of both, and cause the death of another person by the operation of that snowmobile or ATV.

A person will be charged with Vehicular Manslaughter in the First Degree when the person commits the crime of Vehicular Manslaughter in the Second Degree and either:

• Commits the crime with a blood alcohol content (BAC) of 0.18 or above (at which level the District Attorney can charge Aggravated Driving While Intoxicated);
• Commits the crime while knowing or having reason to know that his or her driver’s license has been suspended or revoked in New York or another state;
• Has a previous conviction for DWI within the preceding 10 years;
• Causes the death of more than one person;
• Has a previous conviction under this statute or the Vehicular Assault statute.

A person will be charged with Aggravated Vehicular Homicide if the person engages in reckless driving, commits the crime of Vehicular Manslaughter 2nd, and either:

• Commits the crime with a blood alcohol content (BAC) of 0.18 or above (at which level the District Attorney can charge Aggravated Driving While Intoxicated);
• Commits the crime while knowing or having reason to know that his or her driver’s license has been suspended or revoked in New York or another state;
• Has a previous conviction for DWI within the preceding 10 years;
• Causes the death of more than one person;
• Causes the death of 1 person and serious physical injury to at least 1 other person; or
• Has a previous conviction under this statute or the Vehicular Assault statute.