When a person fails to exercise the level of care that a reasonably prudent person would use in similar circumstances and has a legal duty to take particular actions or precautions, resulting in harm to another person, it is considered criminal negligence. This type of criminal conduct is a form of recklessness and is often distinguished from other types, like intentional crimes or accidents.
In criminal negligence cases, a person must have a legal duty and not just a moral one. Additionally, criminal negligence is considered a serious crime and can result in significant fines, imprisonment, and other penalties.
Criminal Negligence Under California Law
Legally, criminal negligence is the failure to use ordinary care in circumstances where such failure is likely to result in death or great bodily injury. A conviction is conceivable if prosecutors can prove that:
- The defendant had a legal duty to use ordinary care.
- The defendant failed to use ordinary care.
- The defendant's failure was a substantial factor in causing the harm.
- The harm caused was death or great bodily injury.
The state can pursue criminal negligence as a misdemeanor or a felony, depending on the circumstances of the case and the resulting harm. If convicted of a misdemeanor, a person can face up to one year in jail and fines, while a felony conviction can result in imprisonment for up to four years and fines.
Recklessness and Criminal Negligence
Recklessness and criminal negligence are legal terms describing a level of carelessness or disregard for the safety of others. However, they are not the same and have slightly different legal definitions.
Recklessness refers to a conscious disregard for the risk of harm to others. In other words, a person who acts recklessly knows his/her actions could cause harm but chooses to proceed anyway. Examples include:
- Driving at high speeds and weaving in and out of traffic.
- Playing with firearms or other weapons in a careless manner.
- Engaging in consensual sexual activity without disclosing a sexually transmitted infection.
Criminal negligence, on the other hand, refers to a failure to exercise reasonable care in a situation, resulting in the harm of another person. A person who acts with criminal negligence could not have intended to cause harm, but his/her actions are still reckless or careless.
Examples of criminally negligent behavior include:
- A property owner failing to fix a broken stairway that leads to someone falling and getting injured.
- A driver, while distracted, runs a red light and hits another vehicle.
- A company that fails to properly train its employees on safety procedures, thus leading to an accident.
- A company that does not properly maintain its equipment, leading to an accident in a work environment.
- A parent who leaves a child unattended in a car on a hot day.
- A nursing home that does not provide enough staff to care for residents properly, leading to neglect or abuse.
In summary, recklessness is a deliberate behavior, whereas criminal negligence is a failure to take appropriate precautions.
How Criminal Negligence Differs From Civil Negligence
Criminal negligence and civil negligence are two separate legal concepts that refer to different types of conduct and have distinct consequences.
Criminal negligence is a failure to exercise the level of care a reasonably prudent person would use in similar circumstances and is considered a form of criminal recklessness. It involves an individual who has a legal obligation to take specific actions or precautions and fails to do so, causing harm to another person. Criminal negligence is punishable under criminal laws and can result in fines, imprisonment, and other penalties.
On the other hand, civil negligence refers to a failure to exercise reasonable care that harms another person. It is a civil wrong that can result in a lawsuit and financial compensation for the victim. However, it does not involve criminal penalties.
Here are a few key differences between criminal negligence and civil negligence:
- Criminal negligence involves a criminal act and could result in criminal penalties like fines and imprisonment. In contrast, civil negligence is a civil wrong and can result in financial compensation to the victim.
- Civil negligence is proven in cases involving personal injury. A plaintiff must prove negligence by a preponderance of the evidence. This means showing that it is more likely than not that the defendant acted negligently. In contrast, criminal negligence is proven in criminal cases, where a prosecutor must prove that the defendant is guilty beyond a reasonable doubt. This is a higher standard than used in a civil trial, meaning that the defendant's actions were a gross deviation from the standard of care a reasonable person would have taken. Further, the action resulted in specific harm or injury.
- Criminal negligence requires intent or recklessness, while civil negligence only requires a failure to exercise reasonable care.
- Criminal negligence is enforced by the state, while civil negligence is enforced by the individuals or entities that have been wronged.
For the same event, a criminal and civil case can be brought. A criminal conviction does not bar a civil lawsuit and vice versa. Additionally, the facts and circumstances of each case will determine whether criminal or civil negligence applies.
How Criminal Negligence is Related to Intent
Criminal negligence is related to intent because it involves a failure to exercise the level of care a reasonably prudent person would use in similar circumstances. However, it does not require the intent to cause harm. It requires a higher degree of culpability than mere carelessness or inattention.
In contrast, intent refers to a person's state of mind when committing a crime. It means that the person had the specific intention or purpose of committing the act that resulted in harm. For example, if a person intentionally starts a fire that causes damage or injury, they can be charged with arson, which is an intentional crime.
Therefore, criminal negligence differs from intentional crimes because it does not require the intent to cause harm. It requires a higher degree of culpability than mere carelessness or inattention.
The state could charge criminal negligence in addition to or in conjunction with an intentional crime, depending on the circumstances of the case.
Offenses that Could Potentially Result from Criminal Negligence
Below are examples of some of the crimes you could potentially face prosecution for:
a) Involuntary Manslaughter
Penal Code 192(b) defines the crime of involuntary manslaughter as the unlawful killing of another person without malice, which can occur in two ways:
- Committing a lawful act that might produce death in an illegal manner and with criminal negligence, or
- Committing a legal action in an unlawful manner or with criminal negligence.
In other words, it refers to the unintentional killing of another person due to criminal negligence or while committing a non-felony criminal act.
You are only guilty of involuntary manslaughter if prosecutors prove that your actions were a substantial factor in causing the victim's death and that you acted with criminal negligence.
Involuntary manslaughter under Penal Code 192(b) is a felony punishable by 2, 3, or 4 years in prison.
b) Vehicular Homicide
Vehicular homicide, also known as vehicular manslaughter, involves the death of another person due to the defendant's negligent or reckless driving.
There are two forms of vehicular homicide:
- Vehicular manslaughter while intoxicated is prosecutable under Penal Code 192(c) — It occurs when the defendant causes the death of another person while driving under the influence of drugs or alcohol or with a blood alcohol concentration of 0.08% or higher.
- Gross vehicular manslaughter while intoxicated per Penal Code 191.5(b) — This occurs when the defendant causes the death of another person while driving under the influence of drugs or alcohol or with a blood alcohol concentration of 0.08% or higher. Further, the defendant’s actions should be so reckless that they create a significant risk of death or great bodily injury.
Both forms of vehicular homicide are considered serious crimes and are punishable by a prison sentence of 2, 4, 6, or 10 years.
c) Child Endangerment
Penal Code 273(a) defines child abuse or child endangerment as the intentional or reckless infliction of physical injury or the deliberate or careless placing of a child in a situation in which their person or health is likely to be endangered.
It is also defined as the failure to provide care, supervision, or protection for a child, resulting in physical harm or great bodily injury, or allowing a child to be in a situation in which their person or health is likely to be endangered.
It is considered a wobbler offense, which means it can be charged as either a felony or a misdemeanor, depending on the circumstances of the case and the prosecutor's discretion. A conviction for child abuse or child endangerment under Penal Code 273(a) could result in significant fines of up to $10,000, imprisonment of up to 6 years, and other penalties.
Best Defense Strategies in Criminal Negligence
When facing criminal negligence charges, there are several defense strategies a person or entity could use to challenge the prosecution's case and avoid conviction. These strategies include:
a) Lack of Duty of Care
One of the defense strategies when facing criminal negligence charges is to argue that the person or entity did not have a legal duty to use a certain level of care. Therefore, the defendant cannot be held liable for criminal negligence.
This strategy can be effective when the person or entity does not have a legal obligation to take specific actions or precautions. Thus, the individual or company cannot be held responsible for any resulting harm.
For example, if a property owner is not aware of a dangerous condition on their property, they could not be held liable for criminal negligence if someone is injured as a result of that condition.
The duty of care can be imposed by law, contract, or voluntarily undertaking a task. A defense attorney must demonstrate that the defendant had no duty of care in their specific situation.
b) Compliance With Laws and Regulations
Another defense strategy when facing criminal negligence charges is to argue that the person or entity complied with all relevant laws and regulations.
This defense strategy can be effective in situations where the person or entity can demonstrate that they followed all relevant laws, regulations, and industry standards and that the failure to comply did not result in the victim’s harm.
For example, if a construction company can demonstrate that it was in compliance with all safety regulations and that the injuries suffered by a worker were the result of an unforeseeable event, the company could not be held liable for criminal negligence.
Compliance with laws and regulations is not always a guarantee of immunity from criminal negligence charges. The prosecution must prove that the defendant was not in compliance with the laws and regulations and that this non-compliance caused harm. Additionally, laws and ordinances can change over time.
An experienced criminal defense attorney will advise on the specific laws and regulations that apply to the person's or entity's situation and how to present the evidence of compliance in the most favorable light.
c) Reasonable Care
You could assert that you took all reasonable precautions and exercised the level of care that a reasonably prudent person would use in similar circumstances. You must demonstrate that you took all reasonable steps to prevent harm. However, the harm was caused by an unforeseeable event or events.
For example, if a driver can demonstrate that he/she was driving safely and obeying all traffic laws but was involved in an accident due to a sudden mechanical failure, the jury could find the driver is not liable for criminal negligence.
The standard of care is that of a reasonable person, and your defense attorney must demonstrate that your actions were reasonable given the circumstances.
d) Misunderstanding of the facts
Your attorney could also assert that the prosecution's case is based on a misunderstanding of the facts and that the prosecutor does not have enough evidence to prove criminal negligence.
This defense strategy is effective when the prosecution misinterprets the facts or does not gather enough evidence to support his/her case.
For example, if the prosecution argues that you were aware of a dangerous condition but failed to take action, your attorney could assert that you were not aware of the condition.
Defense attorneys must present evidence that the prosecution's case is based on a misunderstanding of the facts and that the prosecutors lack sufficient evidence to prove criminal negligence. Additionally, the defense must conduct an independent investigation to gather evidence supporting their case and refute the prosecution's evidence.
e) Your Actions Were an Accident
In some situations, accidents are interpreted as criminal negligence. You must demonstrate to the jury that an unforeseeable event or circumstance caused the harm and that you took all reasonable precautions to prevent it.
For example, if a truck driver is involved in an accident due to a sudden mechanical failure, he could argue that the accident was unforeseeable. Thus, he/she is not liable for criminal negligence.
It is important to note that your attorney must present evidence that an unforeseeable event caused the harm and that the person or entity took all reasonable precautions to prevent it.
f) Unforeseeable Harm
Another defense strategy when facing criminal negligence charges is asserting that the harm caused was not reasonably foreseeable. Therefore, the person or entity cannot be held liable for criminal negligence.
This defense strategy is effective when you can demonstrate that an unforeseeable event or circumstance caused the harm and that you could not reasonably anticipate.
For example, if a factory owner can demonstrate that an explosion was caused by an unforeseeable event, like an act of sabotage, and that they had no way of preventing it, he/she is not liable for the accident. Thus, his/her actions do not meet the criminal negligence threshold.
It must be clear to the jury that the harm was unforeseeable and that the incident was not preventable. Additionally, even if the injury or loss is unforeseeable, you could still be liable for civil negligence. You could be liable to compensate the victim(s) for the harm.
g) No Knowledge
You are not liable for criminal negligence when you lack knowledge of the facts or circumstances that led to the harm.
You must demonstrate that you lacked knowledge of the facts or circumstances that caused the victim’s harm and that you took all reasonable precautions to prevent it.
Additionally, having no knowledge of the facts or circumstances that led to the harm is not always a guarantee of immunity from criminal negligence charges. Prosecutors should prove that you failed to meet your legal duty of care.
The specific defense strategy will depend on the facts and circumstances of the case and the laws you allegedly violated.
Contact a Criminal Defense Attorney Near Me
Criminal negligence is a serious crime involving failure to use reasonable care to prevent reasonably foreseeable harm. It is punishable under criminal laws and can result in fines, imprisonment, and other penalties. When facing criminal negligence charges, it is crucial to have an experienced criminal defense attorney to advise on the best defense strategy.
If you or someone you know is facing criminal negligence charges, seek the advice of a qualified criminal defense attorney as soon as possible. A skilled attorney will evaluate the case, advise on the best defense strategy, and help navigate the criminal justice system. Contact Leah Legal at 818-484-1100 if you are facing charges in Van Nuys. We can help you understand your rights and options and work to achieve the best possible outcome for your case.