The legal theory of negligence is often invoked in the civil court, but a version of it is also raised in the criminal court. The negligence concept is common in civil courts because behavior involving ordinary negligence, like distracted driving, is insufficient to earn a criminal conviction. However, legislators have recognized this and lowered the criminal penalties for involuntary crimes involving reckless or negligent conduct. Knowing the legal definition of criminal negligence can prevent you from engaging in particular offenses or assist you in understanding the type of charge you face.

Legal Definition of Criminal Negligence

Also known as culpable negligence, criminal negligence is conduct where you ignore an apparent risk or disregard a severe risk of harm that an average person in your circumstances would have perceived. The conduct can also be described as behavior that amounts to a gross deviation from the general standard of care.

The following are some of the crimes that can result in criminal negligence:

  • Involuntary manslaughter.
  • Child endangerment.
  • Leaving a loaded weapon where your children can reach.
  • Negligent vehicular murder.

Particular crimes like involuntary manslaughter base liability on a criminally negligent standard. The prosecutors earn a conviction by demonstrating to the jury that you, the accused, took someone’s life involuntarily but did so with criminal or illegal negligence.

Elements the Prosecutor Must Prove

For the state to sentence you for particular offenses, the prosecutor must prove the following elements of criminal negligence:

  • You acted recklessly, creating an elevated risk of great bodily injury (GBI) or death to others
  • Your conduct showed disregard for human life
  • And an ordinary person in your situation would have known the behavior would cause GBI or death

The main focus of the prosecutor is your conduct and not its consequence. It means you will face these charges even when no one sustains injuries if it is evident your behavior was likely to harm or kill someone.

Furthermore, even when a person dies from the conduct, a criminal negligence standard will only be present if the act leading to the injury or death was reckless or had an elevated risk of danger.

The prosecutor must show that your conduct was more than a judgment mistake, an accident, simple carelessness, or inattentiveness. The behavior must be offensive and reckless and involve a high level of danger or be an extreme departure from the manner in which a sober individual could have acted under the same situation.

Again, the prosecutor must demonstrate that you knew the conduct created a risk of GBI or death for other people. Simply put, the prosecutor must show you were aware your conduct posed a risk, or an ordinary person could have foreseen the risk of danger if they were in your shoes.

Criminal Negligence Examples

Culpable negligence can be a factor in several dangerous situations. If you are wondering what criminal negligence is, you are probably wondering what scenarios can result in charges.

A perfect example of culpable negligence is involuntary manslaughter. According to California Penal Code 192b, the crime occurs when you unintentionally kill another person. The offense can happen when you commit another crime or engage in a lawful act that results in unintended death. The elements of the crime the prosecutor must prove are:

  • You engaged in a misdemeanor, infraction, or legal conduct executed illegally, causing the unintended demise.
  • As you engaged in the behavior, you were criminally negligent.
  • Due to your actions, another person lost their life.

When demonstrating the criminal negligence element under involuntary manslaughter, it is not important whether your deeds were criminal. The prosecutor needs to prove you were negligent.

An example of involuntary manslaughter is the case of Michael Jackson and Dr. Murray. The doctor prescribed the pop artist anesthetic medication that led to his demise. As a result, the doctor was charged with violating PC 192b and sentenced to forty-eight months in prison.

There are several instances in which actions could result in criminal negligence charges. These are:

  1. Auto Accidents

You can face a criminal negligence charge when you engage in a traffic violation offense like DUI. You will face criminal charges if your conduct ends a life or causes harm. Drinking and driving are reckless and lack reasonable care. Also, when a person dies after an accident caused by DUI, you are criminally negligent and will face charges.

Nonetheless, you could face the same charge even when you are sober. This is true if you were speeding, texting, or talking on the phone while driving, causing an accident. Driving a car at a speed of 40 mph above the designated limit near an area with an ongoing pedestrian parade also amounts to criminal negligence, even if you were not intoxicated.

  1. Mishandling a Weapon

Mishandling a gun is another scenario that could put you in trouble with the law if your conduct causes others to die or sustain injuries. Severe acts amounting to mishandling a firearm include:

  • Brandishing a firearm.
  • Firing a gun into the air at a party in the park.
  • Intentionally swiping or interfering with another person’s hand while they are holding a loaded weapon.
  • Leaving a loaded weapon within reach of a child.

Engaging in any of these behaviors will attract criminal negligence charges.

  1. Child Endangerment

Scenarios of criminal negligence in child endangerment cases include:

  • Taking along a child in a dangerous situation.
  • Leaving a child in the house unsupervised to go to a bar for drinks with friends.
  • Leaving children in an unsupervised vehicle in hot weather.
  • Leaving drugs within reach of a child.

Any of these behaviors will result in criminal negligence charges.

  1. Excessive Alcohol Serving

Criminal negligence charges can be filed against you even if you are a bartender or bar owner if you serve excessive alcohol to a customer who is already heavily impaired, primarily when you know they will be driving home. The law assumes that you already know that an intoxicated driver increases the risk of causing an accident or injuring themselves and others. Therefore, your conduct will be considered criminal negligence because you knew of the risk involved in overserving an intoxicated driver but ignored it anyway.

  1. Mis or Over-Prescribing

Medical practitioners like doctors and nurses are also not left off the list of those who can face criminal negligence charges. When you are a physician and prescribe pain medication that can be abused, leading to overdose or death, you will be criminally liable for negligence because you know the risk the drug poses. An excellent example of this scenario is the case of Michael Jackson, the pop star, and his doctor.

Again, if, as a nurse, you forget to give a patient their medication or administer the wrong medication, you will face charges of criminal negligence. A doctor who prescribes a combination of medications known to interact with each other will face charges if the prescription injures or kills the patient.

Criminal Vs. Civil Negligence

Negligence falls into two categories, which are:

  • Civil
  • Criminal

Civil negligence, otherwise called ordinary negligence, arises when someone sustains injuries because of someone else’s carelessness. You will be deemed ordinarily negligent when you fail to act like a sober individual could have acted under the same circumstances.

On the other hand, criminal negligence happens when your conduct severely departs from the manner in which an ordinary individual would have acted under the circumstances.

The main difference between the two is that civil negligence is a tort where the negligent party is held financially liable for the victim’s injuries or death. If negligence is proven, the plaintiff obtains reimbursements from the accused. On the other end, criminal negligence is a crime charged in a criminal court and, when convicted, results in jail incarceration.

The conduct in civil negligence only falls short of a reasonable level of care and is not an extreme departure from the action of a sober party in the same situation. With criminal negligence, the conduct must be an extreme departure from that of a reasonable party and cause a severe risk of GBI or death. 

Evidentiary Level

Civil and culpable negligence differ in the burden of proof. Civil negligence is often raised in personal injury cases, where the evidentiary standard is lower than in criminal cases. In injury claims, the claimant must show negligence by the defendant by a preponderance of the evidence, meaning it is more likely than not that the accused acted with negligence.

Nevertheless, in criminal cases, the evidentiary standard is different. The prosecutor should prove beyond a reasonable certainty that the negligent party is guilty. This is the highest evidentiary standard in the legal justice system. In simpler terms, it means the proof against you is solid and devoid of any other logical justification apart from the fact that you were criminally negligent.

Similarly, for a conviction for criminal negligence to happen, the prosecutor must demonstrate that you owed the victim a duty of care. Negligence cannot exist in the absence of a duty of care. Therefore, if the victim was injured or died because of a judgment mistake or mishap, you are not guilty.

Also, the procedures used to file these cases are different. In criminal negligence, the prosecutor files the charges against the accused because the defendant’s behavior is deemed sufficiently unruly or damaging that retribution from the government is necessary.

Nonetheless, with civil negligence, a private citizen, the plaintiff, files a claim with the civil court against other private citizens. The lawsuit aims to recover compensation for economic and non-economic losses instead of punishing the defendant.

The outcome of the Proceedings

Civil and culpable negligence differ in terms of the outcome of the proceeding. In civil negligence cases, when the plaintiff successfully demonstrates negligence and obtains a favorable outcome, they recover damages from the defendant. The defendant pays the money to cover the losses incurred due to their negligence.

In criminal negligence, you will be found guilty and sentenced to criminal penalties if the prosecutor successfully proves the elements of the crime. The punishment for criminal negligence is:

  • Hefty court-imposed monetary fines.
  • Jail incarceration.
  • Probation.
  • Community hours or labor.

Additionally, once you are done serving your jail or prison sentence, you will have a criminal history of negligence. A criminal record will haunt you for the rest of your life. You will miss promotions, job opportunities, enlisting in the army, or leasing an apartment.

The Role of Criminal Intent in Crime

Criminal negligence is an auxiliary of criminal intent. For the prosecutor to convict you of most crimes like murder or burglary, they must show you acted with criminal intent. It means your conduct at the time of committing the crime was deliberate or intentional. In a murder charge, you will be guilty if the prosecutor proves that you ended another person’s life and did so with malice aforethought.

When it comes to burglary, the prosecutor will show that you gained access to someone else’s building or premise with the intention of committing a felony or theft crime while inside.

The prosecutor must demonstrate your intent to commit a crime. Criminal negligence is extraordinary and dangerous conduct that substitutes for or is difficult to separate from criminal intent.

It exceeds mere carelessness or mistakes of judgment. Criminal negligence is an auxiliary of intent because it imposes guilt on an individual when they engage in behavior that increases the risk of death, injury, or indifference to human life.

Criminal negligence is the same as implied intent because of the disposition to inflict harm or cause death. For instance, when you discharge a firearm at a party in a park and shoot in the air, the bullets falling from the air can injure or kill a person, but when you engage in the act, you disregard their safety. An ordinary or sober individual in the same situation will not shoot the gun because they know the conduct is dangerous and someone could be injured or killed.

Criminal Negligence Legal Defenses

When you face criminal negligence charges, you do not want to represent yourself in court or rely on a court-appointed attorney. You should find an experienced private criminal defense attorney willing to assess every case detail and mount the best possible legal defenses. The defenses your attorney will utilize to contest the charges are as follows:

  1. Your Actions were Truly a Mistake or Accident

Criminal negligence needs more than a judgment mistake, accident, or carelessness. So, you can contest the charges through your attorney by asserting that your conduct at the time of the incident was not reckless or a major departure from the manner in which a sober individual would act in the same circumstances. If you can show your behavior was not reckless but a matter of mistaken judgment or accident, you will not be guilty.

  1. You did not Owe the Victim a Legal Duty

The duty of care is the obligation you owe other people. As you engage in your routines, you should conduct yourself in a manner that does not endanger the safety of others. Every prudent person must exercise this degree of care. You will be charged with criminal defense if you act outrageously or recklessly and violate this duty. Therefore, you will not be criminally liable for negligence if you never owed the other party a duty or did not avoid an action a prudent person would have engaged in under the circumstances.

  1. You were Unaware your Action Posed a Danger to Others

You could use a lack of knowledge as a defense against criminal negligence if you did not know that your behavior posed any risk to the victim. This is because the law requires the prosecutor to prove that you were aware or ought to have known your conduct would have a particular outcome.

For instance, Betty puts her two children to bed and leaves them unsupervised to join a few friends in a local bar for drinks. Sadly, a fire breaks out while she is away and spreads throughout the house, killing one child and severely injuring the other.

Betty is arrested and charged with involuntary manslaughter. She made the wrong judgment by leaving the children unattended in the house. Nonetheless, she did not know that leaving the children in the house put them in danger. Additionally, a prudent or sober person in the same circumstances would not have recognized that going out for a drink while the children are asleep posed any risk of injury or death to the loved ones. Without the knowledge that her actions could have led to the events that occurred, Betty would not be guilty of involuntary manslaughter or criminal negligence.

  1. Reasonable Care

You would not be sentenced for criminal negligence if you took reasonable precautions to avoid injuring or killing the victim. Asserting that you acted reasonably is a legal defense against the charges because reasonableness is not reckless behavior. datingseite

Find the Right Criminal Defense Attorney Near Me

Criminal negligence statutes in California are extremely complex for a layman to understand. As a result, if you are charged with the offense, do not hesitate to contact a local criminal defense attorney. At the Los Angeles Criminal Attorney, we will explain these statutes and how they affect your rights. Additionally, we will be in your corner during court hearings and trials to ensure a favorable outcome. Dial 424-333-0943 to speak to one of our defense attorneys today for a no-obligation consultation.