Negligent homicide is defined as the unintentional killing of another person as a result of the perpetrator’s negligence or failure to exercise reasonable care. Unlike intentional murder or voluntary manslaughter, negligent homicide does not imply the deliberate intent to cause harm or death.
Instead, negligent homicide arises when careless or reckless behavior causes a fatal outcome. When an individual’s actions fall below the legal standard of care—and when those actions result in the death of someone else—the person at fault may be charged with negligent homicide.
Examples of situations that might lead to negligent homicide charges include causing a fatal car accident while driving recklessly, failing to secure a dangerous animal, or neglecting to provide necessary medical assistance in emergencies. If you are facing negligent homicide charges, contact a Los Angeles homicide and murder defense lawyer as soon as possible.
What Are the Penalties for Negligent Homicide?
The penalties for negligent homicide vary widely depending on the jurisdiction in which the killing took place. The circumstances surrounding the case will also influence the consequences imposed upon the at-fault individual.
In many states, negligent homicide is classified as a felony, which means this criminal charge often coincides with more intense penalties. Let’s take a look at some of the consequences someone convicted of negligent homicide may face.
Prison Time
The exact period of time the Department of Corrections will reprimand someone convicted of negligent homicide depends on several factors. For instance, the judge will consider the severity of the negligence and any prior criminal history.
Ultimately, prison sentences for negligent homicide charges range from several months to many years. Some jurisdictions may sentence those convicted of negligent homicide to ten years for felony charges, while others might offer probation for first-time offenders.
Fines
The court may impose fines on individuals convicted of negligent homicide. This can further compound the financial responsibility associated with a conviction.
Restitution
In some cases, the court may order the convicted individual to pay restitution to the victim’s family. This money is intended to cover funeral expenses, pay for medical bills, and help them afford other costs they accrued due to the loss of their loved one.
Civil Liability
In addition to the aforementioned criminal penalties, people charged with negligent homicide may also face civil lawsuits from the victim’s family. This typically results in additional financial consequences for the person who committed the crime.
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How Does Negligent Homicide Differ from Other Charges?
Negligent homicide is distinct from other forms of homicide—such as murder and manslaughter—primarily due to the level of intent and the nature of the actions involved. Let’s look at the ways negligent homicide is different from other charges.
Murder
This charge involves the intentional killing or a conscious disregard for human life. Murder charges typically carry more severe penalties than negligent homicide due to the willful and active nature of the crime.
Voluntary Manslaughter
This charge involves intentionally killing someone in the heat of passion or as a result of provocation. Unlike negligent homicide, voluntary manslaughter acknowledges a higher degree of intent.
Involuntary Manslaughter
This charge involves unintentional killings resulting from reckless or unlawful behavior, which sounds similar to negligent homicide. However, involuntary manslaughter tends to include a higher degree of recklessness than the level associated with negligence.
Can You Be Charged with Negligent Homicide if the Death Was Accidental?
Yes—you can be charged with negligent homicide even if the death was accidental. This is because intention is not a factor in negligent homicide cases.
It all comes down to whether the individual acted with negligence or failed to exercise an appropriate standard of care. If it can be demonstrated that the person’s actions or lack thereof constituted negligence and led to the death of another, charges may be pursued.
For example, let’s say a driver speeds through a red light and collides with another vehicle. Should this decision result in a fatality, the driver may be charged with negligent homicide due to their reckless driving behavior.
How Can a Lawyer Help with a Negligent Homicide Charge?
If you are facing negligent homicide charges, it’s wise to enlist the help of an attorney with experience handling cases of this nature. Here’s what a lawyer can do for you:
- Evaluate your case: An attorney can evaluate the specifics of your case, identify factors that may influence your charges, and develop defenses that can become available to you.
- Build a defense: Your lawyer can work on constructing a strong defense strategy based on the evidence and circumstances of your case. For example, this could mean demonstrating that your actions did not meet the legal threshold for negligence.
- Negotiate with prosecutors: Your attorney can negotiate with prosecutors with the goal of seeking reduced charges or reaching more lenient plea agreements. If these efforts are successful, your legal counsel can minimize the penalties you face.
- Represent you in court: Not all cases go to trial, but if yours does, your lawyer can represent you in court. At this point, your attorney will actively defend your rights and advocate for you while working to achieve a favorable outcome for your case.
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Contact a Los Angeles Homicide and Murder Defense Attorney Today
Negligent homicide is a serious charge that can have significant legal consequences. Understanding the nature of this type of conviction—including the penalties that may follow—is a must for anyone facing negligent homicide charges.
At Simmrin Law Group, we can help you if either you or someone you know is facing negligent homicide charges. The sooner you contact us, the sooner we can build a defense strategy and a strong case on your behalf.
We offer no-obligation consultations, and since we work on a contingency basis, you won’t owe us any money until we obtain a favorable outcome for you. Reach out today to learn more about us and what we can do for you as our client.
Call or text (310) 896-2723 or complete a Free Case Evaluation form