NY Penal Law § 125.21: Aggravated manslaughter in the second degree

Killing a police officer or peace office is a serious crime. This is the case even if you did not intend to kill the officer, but did intend to injure the officer. Under New York Penal Law § 125.21 you could be prosecuted for aggravated manslaughter in the second degree if you recklessly cause the death of a police officer or peace officer who was performing his or her official duties. In order to be convicted under the statute you must have known or had reason to know that the victim was a police officer or a peace officer. Acting recklessly means that you knew that an action had the risk of resulting in the death of another person, but you ignored that risk and acted anyway.

Bobby was driving in excess of the speed limit when a police officer pulled him over. Bobby was nervous because he had been smoking marijuana and he had marijuana in the car. When the police officer approached his car he smelled the marijuana. He asked Bobby to get out of the car. Instead of getting out of the car Bobby quickly turned on his car and sped away, causing the police officer to stumble backwards. Another car hit the stumbling police officer, killing him. Bobby could be charged with aggravated murder in the second degree as his reckless action resulted in the death of the police officer.

1. Aggravated criminally negligent homicide: New York Penal Law § 125.11
2. Aggravated manslaughter in the first degree: New York Penal Law § 125.22

A charge of aggravated manslaughter in the second degree requires proof that your reckless behavior caused the death of a police officer or a peace officer. However, if you can show that your actions were not reckless, then you have a defense to the charge.

Because aggravated manslaughter in the second degree is a class C felony, if you are convicted you could be sentenced to up to 15 years in state prison and be ordered to pay a substantial fine.

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.

Being accused of killing a police officer or a peace officer is serious. The prosecutor will aggressively seek to convict you. If convicted you could end up in prison for over a decade. If you are accused of aggravated manslaughter in the second degree you should immediately contact an experienced attorney. The staff at the Law Offices of Stephen Bilkis & Associates has years of experience successfully defending clients in New York criminal courts who have been charged with vehicular manslaughter, manslaughter, conspiracy, murder and other serious crimes. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We serve those accused of crimes in the following locations: the Bronx, Brooklyn, Long Island, Manhattan, Nassau County, Queens, Staten Island, Suffolk County and Westchester County.