An act of homicide is something that causes another person’s death. Murder is a type of homicide that, typically, constitutes an intentional killing or the death of another person while committing a felony.
Many states have expanded the legal framework for homicide to include unintentional deaths, such as through the offense of criminally negligent homicide. Understanding this charge, as well as the related offenses of reckless homicide and involuntary manslaughter, will help you and your criminal defense attorney fight charges after an unintentional killing.
At Gemma & Karimi, we have the experience and legal acumen needed to tailor a defense to your specific homicide charges.
What Constitutes Negligent Homicide?
What is negligent homicide? The answer depends on where the event happened. Each state controls its own system of criminal laws and has the authority to define negligent homicide.
Thus, state laws on negligent homicide vary. For example, Indiana does not have a statute punishing homicide resulting from criminal negligence. Among the four states neighboring Indiana, only Ohio has a negligent homicide law.
However, the negligent homicide definition used by many states covers any person’s death that resulted from a gross deviation from the standard of care. In other words, criminal negligence is proven by comparing what the accused did to what they should have done. The bigger the deviation, the better the chance that their act constituted criminal negligence.
Importantly, states do not require proof of criminal intent in negligent homicide cases. This is counter to murder, which requires evidence of the accused’s specific intent to kill or seriously injure someone. Instead, the criminal negligence legal definition used by most states requires proof only that a reasonable person would have known the risks posed to the victim by their actions.
Thus, someone can commit negligent homicide even though they did not intend to harm someone or even realize the danger posed by their actions. Instead, it is enough that they should have known that their actions could result in the death of another person.
Elements Needed to Prove Criminally Negligent Homicide
This standard will become clearer by looking at how prosecutors prove negligent homicide. To obtain negligent homicide convictions, prosecutors in most states must prove the following elements:
- Another person died
- The death was the result of an act or omission that constitutes a gross deviation from the standard of care
- The deviation created a substantial and unjustifiable risk to human life
Negligent homicide charges require proof of both a factual connection and foreseeability. In other words, the negligent actions must be a substantial factor in causing the victim’s death. Moreover, the act or omission must be the type of action that could reasonably and foreseeably kill a human being.
Negligent homicide cases can arise in many contexts. For example, some states consider fatal DUI accidents to qualify for negligent homicide charges.
Driving while intoxicated is a gross deviation from the expected level of caution by drivers. Even if the driver did not understand their level of impairment, they should have appreciated the substantial and unjustifiable risk they posed to other road users.
The risk was substantial because of the high likelihood of a crash and unjustifiable because the driver could have used a rideshare service or simply planned ahead to avoid drinking and driving.
Other common examples of negligent homicide cases involve the mishandling of firearms. Suppose that someone fires a gun into a shed that appears to be abandoned. However, the bullet kills someone inside the structure.
The shooter may face negligent homicide charges because a reasonable person would appreciate the significant and unjustifiable risk of shooting into a structure that could conceal someone.
Potential Penalties and Consequences
Is negligent homicide a felony or misdemeanor? It depends. States vary widely in the level of criminal offense for negligent homicide. Some states classify it as a high-level misdemeanor, while others classify it as a low-level felony. And some states, like Indiana, do not impose criminal liability for negligent homicide.
Additionally, the potential jail time for negligent homicide depends on whether the state classifies the offense as a felony or misdemeanor. Courts in states that treat the offense as a misdemeanor may impose a jail sentence of up to one year. They may also require the offender to pay fines to the state and restitution to the victim’s family.
States that classify the crime as a felony offense can impose harsher criminal penalties, such as a prison sentence of over a year, larger fines, and financial restitution.
Each state’s negligent homicide sentencing guidelines determine the potential length of the prison sentence based on factors like the offender’s prior criminal history and their prospects for rehabilitation. A felony conviction also carries a stigma that may prevent offenders from obtaining jobs or housing.
Defense Strategies Against Negligent Homicide Charges
Possible defenses against negligent homicide charges depend on the facts of the case. When you meet with a criminal defense lawyer, you will have your negligent homicide charges explained and discuss potential defenses and mitigating factors.
Some common negligent homicide legal defenses include the following.
Disproving Elements of Criminal Negligence
What is negligent homicide? In legal terms, it is made up of elements. Prosecutors bear the burden of proving every element to secure a conviction. If they fail to prove any of the elements required for a negligent homicide conviction, the jury must return a not guilty verdict.
Therefore, one option for beating this criminal charge is to negate at least one of the required elements. For example, prosecutors must prove that the accused’s act or omission grossly deviated from the standard of care.
To negate this, an attorney may argue that their client’s actions were reasonable and within the scope of what a typical person might do under the circumstances; therefore, their client did not act negligently. This argument can succeed even if the actions were illegal.
Thus, causing a fatal car accident while speeding five miles per hour over the speed limit could trigger civil lawsuits but fail to justify negligent homicide charges. This minor offense is not grossly different from the standard of care that drivers owe. In contrast, speeding fifty miles per hour over the limit might constitute criminal negligence.
Presenting Alibi Evidence
An alibi constitutes evidence that proves you were not responsible for the offense. For example, an attorney might present alibi evidence showing that their client was not present when someone threw a piece of concrete off an overpass onto a highway, causing a fatal crash.
Asserting Self-Defense
Self-defense is one of the potential legal defenses an attorney can raise in a negligent homicide case.
Suppose that the attorney’s client got into a fight on a sidewalk and pushed the other person, who stumbled off the curb and into traffic. If prosecutors pursue negligent homicide charges, the attorney can argue that any negligence involved in shoving the person near a road constituted self-defense.
Legal Framework and Variations by State
What is negligent homicide, and where does it fall with respect to other types of homicide? Negligent homicide is usually less serious than other homicide charges, such as manslaughter, reckless homicide, and vehicular homicide.
It is typically the lowest level of homicide charge because negligent actions are considered less culpable than intentional killing and reckless behavior. The following are some specific distinctions between these different offenses.
Negligent Homicide vs. Manslaughter
Manslaughter, also called “voluntary manslaughter” in some states, is typically an intentional killing. In these cases, prosecutors must prove that the accused intended to kill or seriously injure the victim, but that the intent was provoked by the heat of the moment. By contrast, negligent homicide is unintentional.
Involuntary Manslaughter vs. Negligent Homicide
Involuntary manslaughter charges may be brought for unintentional homicides resulting from reckless behavior. For example, some states classify fatal DUI accidents as involuntary manslaughter.
States may also consider deaths from street racing or other forms of reckless driving as forms of this crime. Finally, some states will allow prosecutors to use the mishandling of firearms as grounds for involuntary manslaughter charges.
Recklessness differs from criminal negligence in that the accused must typically act with “willful and wanton disregard” for human life. “Willful” means that the act was intentional, and “wanton” means that the person did not care whether someone’s death could result from their actions.
A person acts with criminal recklessness when they disregard a known or obvious risk. Thus, pulling the trigger on a gun without checking whether it is loaded might support an involuntary manslaughter charge.
Difference Between Negligent Homicide and Reckless Homicide
The lowest homicide charge in many states, including Indiana, is reckless homicide. Recklessness requires a more serious breach of society’s expectations than negligence. In the legal system, it is closely connected to something called “willful blindness.”
To prove recklessness or willful blindness, prosecutors may show evidence that the accused knew that their actions were risky but deliberately ignored that fact.
Negligence, by contrast, requires prosecutors to prove only that a reasonable person in the same circumstances would have understood the risks, not that the accused personally understood them.
Role of a Criminal Defense Lawyer
You can turn to a criminal defense attorney for legal help if charged with negligent homicide. Your attorney may do the following tasks to assist in your case:
- Identifying possible constitutional violations, such as coercive interrogations
- Investigating the incident to gather exculpatory or mitigating evidence
- Negotiating with prosecutors to dismiss or reduce the charges
- Advocating aggressively at trial for an acquittal
Can negligent homicide charges be reduced in a plea bargain? In many cases, yes. Potential outcomes depend on the state’s criminal laws and the facts of each case, but plea bargains can often result in lower penalties for negligent homicide.
However, negligent homicide is generally the lowest level of homicide. If prosecutors have a shaky case, dismissal may be possible.
Contact Us to Discuss Your Criminal Defense Options in Negligent Homicide Cases
Your options when facing negligent homicide charges include undermining the prosecution’s evidence and presenting affirmative defenses, like self-defense.
An experienced criminal defense lawyer can guide you through the complex and intimidating criminal justice system. Contact Gemma & Karimi to discuss your charges and the defenses we can raise.
