One of the factors that determine the severity of a homicide charge is what the defendant’s intent was at the time of the death. In other words, the severity of the charge may depend on what a prosecutor can prove concerning the reasoning or purpose the defendant had for allegedly committing this crime.
The least serious charges arise when a prosecutor can only prove that a defendant was negligent in causing a death, such as by driving while drunk. Here, the defendant did not intend to cause any harm, but due to their poor choices, a death occurred. Criminally negligent homicide, under New York Penal Law §125.10, is a class E felony.