Legal Question in Criminal Law in New York

negligent Homicide for non assistance?

A man dies of heart failure after arguing with his wife. Its proven there was a delay in calling 911 for help. She lies and tells people she tried to resuscitation

him but medical examiner says she did not. Can she be charged with some kind of neglect for not assisting this man with help?


Asked on 1/10/07, 1:16 pm

1 Answer from Attorneys

Carlos Gonzalez Gonzalez Legal Associates PLLC

Re: negligent Homicide for non assistance?

Generally the law does not impose a duty to assist a dying person unless there is a special relationship, like husband and wife or if the person begins assistance and then stops. In this case she may fall into both categories so there may be a chnce of prosecution.

I would suggest you IMMEDIATELY hire an attorney to ensure that he case goes no further than it already has, and that no charges are filed if there is an investigation.

My office would be able to help you with this situation. Contact me through the email address provided below or at the office at 2127098303

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Answered on 1/14/07, 9:25 am


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