What shapes the sentence
New York charges this offense as criminally negligent homicide, a felony, and the possible sentences depend on the exact conviction, any other counts, and the person's prior record. For some people the range includes sentences without prison, while for others incarceration is more likely. If the case involved a vehicle, the DMV may take separate action on the license on its own track. A plea agreement may already define or narrow the sentence, and if so, the remaining work focuses on making sure the court has a full picture. Sentencing is the judge's decision, and no one can tell you in advance exactly what it will be.
The presentence report and mitigation
Before a felony sentencing, the probation department usually prepares a presentence report based on an interview with you and on records about your background. That interview matters and is worth preparing for with counsel, since what you say about the incident and about remorse will be summarized for the judge. The defense can also submit its own materials: letters from people who know you, records of work, treatment, or community involvement, and an account of how the event has affected your life. Mitigation is most persuasive when it is specific and honest rather than a list of compliments. In vehicle cases, steps taken since the crash can be part of that picture.
The family of the person who died
The family of the person who died generally has the right to make a statement at sentencing, in person or in writing. Those statements can be very painful to hear, and preparing for that moment is part of preparing for sentencing. Do not contact the family directly to apologize while the case is pending; if you want to express remorse, discuss with your lawyer whether and how that can be done appropriately. A civil wrongful death claim may also be pending, and what is said at sentencing can matter there. In our first meeting about sentencing we review the plea terms, the report process, and the mitigation that can still be gathered.
