The term "negligence" is more commonly used in civil disputes than in criminal ones. That's because actions that involve ordinary negligence, such as driving while distracted and rear-ending another motorist, often don't warrant a criminal conviction. Legislators have ruled that although most crimes include intention, in some cases a lesser degree of guilt is sufficient to enact criminal penalties. Particularly, some crimes entail negligent or reckless behavior rather than intentional behavior.

An Overview of Criminal Negligence

Criminal negligence occurs when someone deliberately ignores threats to other people's lives and safety. To find you guilty of a particular crime, the State should show that you committed the crime with criminal negligence.

In such situations, the prosecution needs to demonstrate the following to establish that you committed the crime out of negligence:

  1. You acted recklessly and increased the risk of serious physical harm or loss of life
  2. A reasonable individual would have recognized that such actions could have this effect

It is crucial to understand that criminal negligence entails:

More Than A Mistake or An Excusable Accident

Criminal negligence calls for more than:

  • A lapse in judgment
  • A lack of concentration
  • Simple carelessness

It only applies to actions that are considered absurd, reckless, and different from what a normal individual would do in a similar situation.

Awareness of the Threat

You should be conscious of the risks your actions posed to a victim to be found guilty of criminal negligence. You should specifically know one of the following:

  • Your actions put the other person at risk
  • A rational individual in a similar circumstance would have noticed or anticipated the risk

Understanding Criminal Negligence Under California Law

The notion of "criminal negligence" is recognized under California law. To establish the existence of this provision, the prosecution needs to demonstrate the following:

  1. Your actions showed contempt for or disregard for human life
  2. A reasonable individual in your position would have understood that his/her actions could do harm
  3. You also acted carelessly to put others in danger of sustaining injuries or death

Additionally, state law doesn't consider the effects of an action. It solely focuses on your conduct. This implies that if your conduct was so reckless that it was likely to result in someone getting hurt, you could still be charged with a criminal act of negligence even if nobody gets hurt.

Furthermore, even if an individual is injured or killed:

  • Criminal negligence is only present when the act that resulted in the harm or loss of life was reckless
  • This included a high level of risk

Difference Between Criminal Negligence and Civil Negligence

Criminal negligence is a punishable offense that can land you behind bars. A civil negligence tort entails the possibility of the victim receiving financial compensation from the perpetrator. Civil negligence is defined as behavior that is below the reasonable standard of care. If established, an injured victim could seek compensation from you for any harm you could have caused.

Such negligence refers to behavior that falls short of what a reasonable individual would do in a similar scenario. Civil negligence, as opposed to criminal carelessness:

  • Does not deviate significantly from what a reasonable individual would do
  • Falls short of being reasonable

The two actions are also different in the following ways:

  1. Level Of Proof

Another distinction between criminal and civil negligence is the level of proof required, sometimes known as the burden of proof. Civil negligence claims have a lower "burden of proof" than criminal negligence prosecutions.

In a civil negligence action, the victim needs only to show that you were negligent by a preponderance of the facts. A preponderance of the evidence in this situation simply suggests that you were more likely than not irresponsible in your behavior.

However, in a criminal negligence proceeding, the prosecution needs to establish your guilt beyond any reasonable doubt. The expression "beyond any reasonable doubt" relates to the highest need for proof in a legal proceeding. In this particular situation, it implies that the proof is so compelling that there's no conceivable alternative to the conclusion that you engaged negligently under the law.

Furthermore, the types of legal proceedings used in civil and criminal negligence cases differ. One distinction between criminal and civil trials is the former's emphasis on proof beyond a reasonable doubt. If you are accused of being negligent in a criminal proceeding, it will be the prosecution or the state's responsibility to file those allegations against you. This is because your actions are thought to have caused enough disruption or harm to warrant the state punishing you.

However, a civil negligence lawsuit can be brought by a private individual against another person. Civil claims, as opposed to criminal charges, are meant to compensate the victims for the losses sustained.

  1. Punishment

If someone or an organization is proven to have engaged in civil negligence, they are obligated to pay financial damages. Criminal negligence could be punished financially, but it could also result in community service, probation, and incarceration.

People doing time in correctional facilities around the country for "negligent manslaughter" make up a relatively small percentage of the overall population of such institutions. Even if they avoid jail time, individuals found guilty of gross negligence could still be required to pay restitution in many situations.

They could be held accountable for:

  • Economic Damage

These are compensatory damages meant to make up for actual financial losses including medical expenses, lost earnings, and damage to property.

  • Non-Monetary Damages

These damages are given to make up for losses like bodily pain and suffering, emotional or mental distress, disfigurement, loss of consortium, physical impairment, loss of social interaction and companionship, inconvenience, diminished quality of life, and harm to one's reputation.

  • Exemplary Damages

These are sometimes known as punitive damages, and they are given as compensation for very egregious behavior that causes injury.

Is Negligence Federal or State Law?

Negligence laws are mostly handled at the state level. According to the Federal Tort Claims Act (FTCA), even in situations where federal government representatives were negligent, the federal government has control but would nonetheless adhere to the state's legal framework.

One of the four types of criminal homicide recognized in California is criminally negligent homicide, a felony that carries a mandatory minimum sentence of incarceration.

Even though the California legal code allows for the application of the law in a range of situations, the state's criminal code also lists specific cases of criminally negligent conduct. For example, an individual would be guilty of criminal negligence if they gave a minor access to a "readily dischargeable gun" and the minor used it, resulting in death or serious harm.

How Intent Relates To Criminal Negligence

Criminal negligence takes the place of intention. Most crimes require "men's rea" or "criminal intent" to be convicted. Typically, this implies that the prosecution should demonstrate that you acted:

  • Consciously.
  • Deliberately.
  • In another state of mind.

For instance, if you are charged with murder, the prosecution should show that you:

  • Murdered someone.
  • Did so while harboring premeditated malice.

In the case of burglary, the prosecution should demonstrate that you:

  • Entered a facility or place.
  • Had the intention of committing theft or other felonies there.

In some cases, criminal negligence could stand in for intent. Consequently, it serves as a replacement because:

  • It casts guilt on an individual.
  • It does so if that person engages in behavior that has a high potential for harm.

Criminal negligence is considered an "implied intent."  For example, if you are willing to inflict injury, that willingness substitutes or stands in for the actual intent.

Is Criminal Negligence the Same as Recklessness?

A defendant is considered "reckless" when they exhibit both knowledge of and conscious or willful indifference to a high probability that they or someone else could suffer serious bodily injury as a result of their actions. A few examples of this would be carelessly firing a gun at a residence or vehicle, driving recklessly, participating in drag races, or committing a vehicular homicide while intoxicated.

Certain courts show the difference between criminal negligence and recklessness, stating that to be guilty of recklessness, a person needs to be conscious of the risks that they are taking, whereas criminal negligence arises when a person ought to have been conscious of the risks that they were taking.

To put it another way, recklessness can be compared to a level that is above criminal negligence but lower than knowing or deliberate conduct. However, in practice, it can be challenging to distinguish between the two, and also many courts and legislators use the terms recklessness and criminal negligence interchangeably.

Charges That Involve Criminal Negligence

The element of criminal negligence could be present in a number of charges, such as:

Child Endangerment

Usually, child endangerment allegations are brought against a defendant if they either allow or let a minor under the age of 18 sustain an injury, be in a risky situation, or go through any kind of physical or psychological trauma.

You could be accused of child endangerment, for instance, if you put a gun on your bedside and a minor in your household finds it and plays with it. The state will likely charge you with criminal negligence if they can prove the minor had access to the gun.

Vehicular Manslaughter

You could be found guilty of felony vehicular manslaughter when you cause someone's death while operating a vehicle and the prosecution finds you acted with gross negligence. Maybe the vehicle accident you were in happened because you were on your phone while driving.

You could have been traveling at 85mph on a road that had a speed restriction of 40 mph when you collided with a vehicle that was pulling in from the street, or you might have ignored a red traffic light and struck a pedestrian. The prosecution will allege that you had been extremely negligent when your acts caused the death of someone else or contributed significantly to their demise.

Involuntary Manslaughter

The prosecutor will likely prosecute you with involuntary manslaughter if they think you were criminally negligent in the circumstances surrounding the demise of another person. A fatality must have occurred during the commissioning of a misdemeanor, infraction, or non-violent felony for the accusations to stick.

For instance, if you run a pub and keep serving an inebriated patron who later passes away from alcohol intoxication, you could be found guilty of involuntary manslaughter.

Defenses You Can Present Against Criminal Negligence Charges

To refute claims that their client is not guilty of criminal negligence charges, defense attorneys will often employ a variety of legal arguments. These include demonstrating that:

The Act was a Mistake or an Accident

Remember that acts involving criminal negligence call for more than just carelessness or a lapse in judgment. This indicates that an accused always has the opportunity to present a defense by demonstrating that:

His or her actions were neither reckless nor outrageous, but rather the consequence of a lapse in judgment or an accident.

Reasonable Care

A defendant is not guilty of criminal negligence if he or she took all necessary precautions to ensure the victim. There is no element of recklessness in showing caution. Therefore, an argument that one used reasonable care is always an effective defense.

You Had No Knowledge

Also keep in mind that to be found guilty of criminal negligence, you must have known or reasonably ought to have been aware that the victim was at risk as a result of your actions. You can defend yourself by demonstrating that you were not aware.

No Legal Obligation

For a person to be found guilty of criminal negligence, there must be evidence that the accused owed the complainant an obligation to perform a specific action or stop performing a certain action. To avoid charges of criminal negligence, you must demonstrate that you had no legal obligation.

Involuntary Intoxication

Defendants could avoid charges of criminal negligence when they can show that they were either under the influence of drugs or alcohol when they perpetrated the offense or that they acted due to force or unknowingly. Nevertheless, voluntary intoxication by the accused does not constitute a sufficient defense, and they could still be convicted of another offense.

Frequently Asked Questions

Some frequently asked questions regarding criminal negligence include:

What Conduct Qualifies as Criminal Negligence?

Among the most typical examples of criminally negligent acts is vehicular manslaughter, which refers to the act of killing someone else while behind the wheel of a vehicle. Despite the fact that laws might vary from one jurisdiction to another, most jurisdictions demand evidence of negligence conduct before a defendant is found guilty of vehicular manslaughter.

In most cases, the prosecution must demonstrate that the driver did not behave reasonably and that this failure resulted in a fatality.

What Information is Needed in a Criminal Negligence Case?

According to the law, only the prosecution or another state attorney is authorized to bring criminal charges in cases of criminal negligence. When civil litigation is already pending regarding the same act, the state can additionally file charges.

For instance, if someone dies as a result of being struck by a car, the person who was driving can be charged with criminal negligence. The victim's family could also launch a civil action against the motorist to obtain damages. The legal proceedings will take place in independent courts before separate judges.

How Do Criminal Negligence and Intent Relate?

When it comes to criminal law, negligence could substitute intent. In most cases, the presence of criminal intent is a necessary element in proving guilt. A prosecutor typically has to demonstrate that the accused acted willfully, knowingly, or in another different manner.

For instance, a prosecution must demonstrate in a murder case that you killed a person and acted with malice.

To prove you committed a burglary, the prosecution must demonstrate that you went inside the targeted property intending to steal or commit a crime.

In some circumstances, criminal negligence can be used in place of intent. Criminal negligence could stand in place of intent since it assigns blame when an individual takes an action that substantially increases the likelihood of harm.

What Happens When a Defendant is Found Guilty of Criminal Negligence?

Criminal negligence bears the same punishments as many other criminal charges; fines, jail, and reparations are sometimes imposed. This is in contrast to civil negligence charges, which frequently entail paying damages. Criminal negligence can be classified as either a misdemeanor or a felony, based on how serious the act is. For instance, homicide committed with criminal negligence is typically regarded as a felony.

Find a Los Angeles Criminal Defense Attorney Near Me

If you have been accused of criminal negligence, it is imperative that you get in touch with a criminal defense attorney as soon as possible. Our lawyers at the Los Angeles Criminal Lawyer have a track record of successfully defending clients in criminal cases involving both gross and ordinary negligence. We will evaluate the relevant facts of the case and develop a defense plan to help you achieve the best possible result. Call us today at 310-502-1314.