A car crash after a night of heavy drinking. A fatal accident on a construction site where basic safety rules were ignored. A forgotten baby left in a hot car. These tragedies share something in common: they may lead to criminal charges even without intent to harm. Are you wondering what does negligent homicide mean? You are not alone.
California law does not use the term “negligent homicide” directly, but prosecutors typically charge these cases as involuntary manslaughter. Understanding how negligence and criminal responsibility overlap is key to making sense of these cases and knowing what you are up against if you or a loved one has been accused.
What Is Criminally Negligent Homicide?
Broadly, criminally negligent homicide refers to causing another person’s death through negligent behavior that is so reckless or dangerous it becomes criminal. It differs from murder because there is no intent to kill, but the defendant’s conduct is still considered blameworthy.
California charges this crime under its involuntary manslaughter statute.
So, what does negligent homicide mean? While the phrase negligent homicide is not in California’s Penal Code, it’s often used interchangeably with involuntary manslaughter in practice. In this context, “negligent” does not mean a simple mistake; rather, it means acting with a reckless disregard for human life.
Examples of Negligent or Involuntary Homicide
Understanding whether an action qualifies as negligent homicide depends on the facts. The following are some situations that might lead to involuntary manslaughter charges under California law:.
- A parent leaves a toddler alone in a locked car on a hot day. The child dies from heat exposure. Even without malicious intent, the parent’s actions could meet the legal standard for criminal negligence.
- A construction foreman ignores safety rules, and a worker falls to their death. If the foreman knowingly violated the required precautions, they could face involuntary manslaughter charges.
- A driver speeds through a school zone while texting and hits a pedestrian. This behavior could be charged as negligent homicide due to the extreme disregard for safety.
On the other hand, a pure accident with no risky behavior, like a fatal heart attack behind the wheel, almost certainly would not result in criminal charges. These examples show how context shapes whether or not a case is criminal.
Legal Elements the Prosecution Must Prove
To convict someone of involuntary manslaughter, prosecutors must prove:
- The defendant unlawfully committed a lawful act or acted without due caution,
- The act was committed with criminal negligence, and
- The act caused another person’s death.
Criminal negligence is more than a mistake; it is reckless behavior that any reasonable person would have known could be deadly.
The California Criminal Jury Instructions (CALCRIM) define criminal negligence as:
- The person acted in a way that a reasonable person would know posed a high risk of death or great bodily injury,
- The conduct was a gross departure from how a reasonable person would act, and
- There was no lawful excuse or justifiable reason for the act.
This legal standard separates criminal negligence from civil negligence or an unfortunate accident.
Penalties for Involuntary Manslaughter in California
Although negligent homicide is a lesser charge than murder, it still carries severe consequences, such as:
- Up to four years in state prison;
- Formal probation and community service requirements;
- Fines of up to $10,000; and
- A permanent felony record can affect employment, housing, and civil rights.
If a firearm was used or the incident occurred in connection with another felony, additional penalties may apply.
Common Defenses to Negligent Homicide Charges
Being charged doesn’t mean you are guilty. Some legal defenses that might apply in cases involving criminally negligent homicide include:
- Lack of criminal negligence. If the act was an actual accident or involved ordinary carelessness, not recklessness, it may not meet the threshold for criminal liability.
- Intervening cause. Another event or person causing the actual death can break the chain of causation.
- Self-defense or lawful conduct. In some cases, the defendant acted lawfully or defended themselves or others.
A defense attorney can help identify which strategy applies based on the evidence and witness testimony.
The Strategic Defense You Deserve in Negligent Homicide Cases
At The Law Offices of Kerry L. Armstrong, APLC, we have represented clients in some of California’s most high-profile homicide and manslaughter cases. Our team brings courtroom-tested defense strategies and over 100 jury trials of experience to every case.
Led by Kerry L. Armstrong, a board-certified criminal law attorney and recipient of Best Lawyers® and Best Law Firms® honors for 2024, we are known for approaching each case with dedication, empathy, and exceptional legal skill.
If you are facing an accusation as serious as negligent homicide, we are here to fight for your rights, your future, and your freedom.
Accused of Involuntary Manslaughter? We Can Help
If you are facing accusations or charges of negligent homicide, you are likely already facing one of the most difficult times of your life. These cases are complex, and the stakes are high.
Contact us today to discuss your case. Our proactive, knowledgeable defense can differentiate between prison and a second chance.
Frequently Asked Questions
What’s the Difference Between Involuntary Manslaughter and Murder?
Murder involves “malice aforethought,” the intent to kill or extreme disregard for life. Involuntary manslaughter consists of a death that results from criminal negligence, not intent.
Can You Be Charged If You Didn’t Mean to Hurt Anyone?
Yes. Criminal charges for negligent homicide look at the recklessness of your actions, not your intent.
Can I Be Arrested Immediately After an Accidental Death?
Yes. Law enforcement may arrest someone on the scene if they believe there’s probable cause that criminal negligence occurred. However, formal charges will depend on further investigation and the prosecutor’s discretion.
Will My Auto Insurance Cover a Death That Leads to Involuntary Manslaughter Charges?
Not always. Insurance may cover civil liability but not criminal consequences, and some policies explicitly exclude coverage for actions that result in criminal charges.
Can Involuntary Manslaughter Be Expunged in California?
In some cases, yes. Expungement may be possible after probation, but eligibility depends on the case’s specifics.
Resources:
- San Diego County Office of the Public Defender, Expungement (Dismissal) of Criminal Records FAQ, link.
Kerry L. Armstrong
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