What is Criminal Negligence?

Criminal negligence involves any form of conduct that poses a risk to human life and safety. In California, various offenses, including vehicular manslaughter, child endangerment, and elder abuse, are based on criminal negligence. These crimes carry severe penalties, including lengthy imprisonment terms, huge fines, and a criminal record.

To have your charges dropped and avoid these penalties, you should hire an experienced California defense lawyer. The lawyer should help you build solid defense strategies to help you achieve a positive outcome in your case. If you or a loved one faces criminal negligence charges, schedule a consultation with your attorney, and they will help you obtain the best possible outcome.

What Constitutes Criminal Negligence?

Criminal negligence occurs when you act with a blatant disregard for apparent risks to human life and safety. In California, certain offenses are based on criminal negligence, such as vehicular manslaughter and child endangerment.

To be convicted of such offenses, the prosecutor must prove the following elements:

• You acted recklessly and created a high risk of death or great bodily injury.
• A reasonable person would have known that these acts would create such a risk.

Criminal negligence involves more than a mistake in judgment, inattention, or simple carelessness. It involves extremely careless behavior. To be found criminally negligent, you must be aware that your actions created a risk for the victim, or a reasonable person in a similar situation would have been aware of this risk.

The law focuses on your actions rather than the consequences. This means that you can be found criminally negligent even if no one is hurt as long as your behavior is likely to cause harm. However, even if someone is injured or killed, criminal negligence only exists if the act that caused the injury was reckless and involved a high degree of danger.

Criminal Negligence vs. Civil Negligence

Both criminal negligence and civil negligence involve a failure to exercise reasonable care. However, the severity and consequences of each differ significantly.

As explained earlier, criminal negligence involves outrageous and reckless conduct, significantly deviating from how an ordinary person would act in a similar situation. It requires a higher level of recklessness than civil negligence. It carries severe legal consequences, including imprisonment, fines, and a permanent criminal record. It also focuses on your awareness of the danger and involves more than a simple mistake or accident.

On the other hand, civil negligence typically involves carelessness or a failure to exercise reasonable care, resulting in harm to another person. In civil cases, the primary remedy is financial compensation to the victim rather than criminal penalties.

Civil negligence may result from inattention, mistakes in judgment, or simple carelessness and does not require the same level of recklessness as criminal negligence. The standard of proof in civil cases is also lower, with the plaintiff needing to show that it is more likely than not that your actions caused the harm.

Common Scenarios Involving Criminal Negligence

Criminal negligence can occur in various situations where someone's reckless behavior creates a significant risk of harm to others. Here are some common scenarios where criminal negligence charges may arise:

1. Vehicular Manslaughter

According to Penal Code 192(c), vehicular manslaughter occurs when your reckless or negligent actions while driving result in the death of another person. This can include driving under the influence of alcohol or drugs, texting while driving, or speeding.

The criminal offense of vehicular manslaughter is a wobbler. The penalty for misdemeanor vehicular manslaughter is a jail sentence not exceeding one year upon conviction. On the other hand, the penalty for felony vehicular manslaughter is an imprisonment term of two, four, or six years.

2. Involuntary Manslaughter

Penal Code 192(b) defines involuntary manslaughter as the act of unintentionally killing someone else, particularly due to negligent or reckless behavior. Unlike voluntary manslaughter, the prosecutor does not need to show that you had an intention to kill. The prosecutor is only required to show that your actions created a substantial risk of death or severe injury.

Some examples of involuntary manslaughter include accidentally discharging a firearm or causing a fatal accident while engaging in dangerous activities. This type of negligence demonstrates a blatant disregard for human life.

Medical professionals can face charges of involuntary manslaughter if their grossly negligent actions lead to serious harm or death of a patient. This might involve administering the wrong medication, performing a procedure without proper authorization, or failing to diagnose a life-threatening condition. The key factor is whether the healthcare provider’s conduct significantly deviates from accepted medical standards.

Example: Dr. Conrad Murray, the personal physician of pop star Michael Jackson, is one of California's most well-known involuntary manslaughter defendants. Murray was convicted of involuntary manslaughter for administering a surgical anesthetic to Jackson, which ultimately led to the singer's death. He received a four-year jail sentence, the maximum penalty for this offense.

3. Child Endangerment

Penal Code Section 273(a) defines the criminal offense of child endangerment as the act of placing a child in a situation where their health or safety is at risk due to negligent or reckless behavior. This may include exposing the child to unjustifiable suffering, pain, or danger.

To be convicted of child endangerment, the prosecutor does not need to show that the child experienced physical harm. You will be found guilty as long as there is evidence that there was an unreasonable risk.

Some examples of actions that may be considered as child endangerment include the following:

• Leaving a dangerous weapon, for example, a loaded gun or a knife, where a child can easily access it.
• Failing to provide medical care.
• Leaving a young child unattended in a hot car.
• Driving under the influence with a child in the car.
• Leaving a child with a babysitter who has a history of abusive behavior.

These actions demonstrate a blatant disregard for the child’s well-being. Child endangerment is deemed to be a wobbler. You will face misdemeanor charges if there is no possibility of death or great bodily injury. As a misdemeanor, it attracts a jail sentence not exceeding one year upon conviction.

On the other hand, if there is a possibility of death or great bodily injury, you will face felony charges. The penalty for felony child endangerment is an imprisonment term of two, four, or six years.

4. Elder Abuse

Caregivers in nursing homes or assisted living facilities can face charges for elder abuse under Penal Code 368 if their neglect leads to the harm or death of residents. This includes failing to provide necessary medical care, not ensuring proper hygiene, or ignoring safety protocols.

Elder abuse can be prosecuted as either a misdemeanor or a felony. As a misdemeanor, it attracts a county jail sentence of up to one year or a fine of up to $1,000 upon conviction. The punishment for felony elder abuse is an imprisonment term not exceeding four years or a fine of up to $10,000.

How is Criminal Negligence Related to Intent?

Criminal negligence and intent are distinct legal concepts that determine the nature and severity of criminal charges.

Intent involves your mental state at the time of the crime, indicating that you acted with a specific purpose to achieve a particular outcome. Crimes requiring intent are typically more severe because they involve deliberate actions designed to cause harm or accomplish an illegal objective. For example, to secure a murder conviction, the prosecution must provide evidence showing you intended to kill someone, demonstrating a deliberate decision to take a life.

Criminal negligence, in contrast, does not involve an intent to cause harm. Instead, it focuses on your reckless or careless behavior that creates a significant and unjustifiable risk of harm to others.

The key aspect of criminal negligence is the failure to exercise reasonable care, significantly deviating from how a prudent person would act in similar circumstances. This deviation results in dangerous situations that could foreseeably cause injury or death, even if the harm was not intended.

Criminal negligence can substitute for intent in certain situations. Generally, to be convicted of most offenses, you must have a criminal intent. This means prosecutors typically must demonstrate that you acted deliberately or intentionally. For example, in a murder case, the prosecution must show that you killed another person with malice aforethought. In a burglary case, the prosecution must demonstrate that you entered a building intending to steal or commit a felony inside.

Criminal negligence substitutes for intent by imposing guilt when one's actions create a substantial risk of harm. This form of negligence implies intent because reckless behavior demonstrates an intention to disregard the safety and well-being of others.

Defenses Against Criminal Negligence Charges

Depending on the circumstances of your case, you can use any of the following defenses to fight criminal negligence charges:

1. Lack of Negligence

This defense focuses on demonstrating that your actions did not meet the threshold of negligence required for a criminal conviction.

One strategy to prove a lack of negligence is demonstrating that you acted reasonably under the circumstances. This might include presenting evidence such as eyewitness testimony, expert opinions, or documentation demonstrating that your actions aligned with standard practices.

Showing you adhered to all relevant safety protocols, guidelines, or legal requirements can further support your defense. For example, if you were driving, you could present evidence showing that you obeyed traffic laws.

Another approach is to argue that you did not have a legal duty to act in the manner alleged by the prosecution. For example, you might not have been responsible for ensuring a particular safety measure was in place. Additionally, you can argue that your actions did not constitute a breach of duty by demonstrating that a reasonable person in the same situation would have acted similarly.

2. Mistake or Accident

The defense of a mistake or accident is based on the premise that your actions, while potentially harmful, were not the result of criminal negligence. Instead, the victim was harmed due to an honest mistake or unavoidable accident.

To successfully employ this defense, you must demonstrate the following three key elements:

• There was no intention to cause harm — You must prove that there was no deliberate intention or purpose on your part to cause the harm that resulted from the incident in question.
• Your mistake was reasonable given the circumstances — You should demonstrate that a reasonable person in your position could have made the same mistake under similar conditions. For example, if you were involved in an accident while driving and can prove that it was caused by an unexpected mechanical failure you could not have reasonably foreseen, this could solidify your defense.
• The incident was unavoidable — This requires showing that the event was beyond your control and that the outcome could not have been prevented even with reasonable care and precautionary measures. For example, if you were operating machinery and an unforeseen malfunction occurred, resulting in death to someone nearby, you could argue that the malfunction was unpredictable and not preventable through ordinary means.

3. Lack of Knowledge

Remember, to be convicted of criminal negligence, the prosecution must prove that you knew that your actions created a risk to the victim or that you should have known of this risk.

Therefore, you can argue that you did not know the risks that led to the harm. This involves presenting evidence and testimony that supports your claim of being unaware of the circumstances or consequences that resulted in the alleged negligence.

Even if mistaken, you can assert that you held a reasonable belief that your actions were lawful or safe. This defense highlights that your lack of knowledge about the risks was reasonable, given the information available to you at the time.

It is critical to distinguish lack of knowledge from willful ignorance or deliberate avoidance of the truth. Willful ignorance occurs when you purposefully avoid learning about specific facts because you suspect they might make your actions illegal or negligent. Courts generally do not accept willful ignorance as a valid defense.

4. Intervening Cause

An intervening cause refers to a new and independent act or event that breaks the chain of causation between your conduct and the resulting harm. In criminal negligence cases, the prosecution must establish that your actions were the actual cause (cause in fact) and the proximate cause (legal cause) of the harm.

The defense of intervening cause challenges this by arguing that something unforeseeable occurred after your act, which became the predominant cause of the harm. To successfully use this defense, you must demonstrate the following three elements:

• The intervening cause must have been unforeseeable to a reasonable person in your position at the time of the original act.
• The intervening cause must be of such significance that it breaks the chain of causation between your conduct and the resulting harm.
• The intervening cause must be the predominant factor that directly leads to the harm, overriding your original negligent act.

Some examples of intervening causes include medical intervention and third-party actions. For example, if a person is injured due to drunk driving but subsequently receives improper medical treatment that results in death, the defense team may argue that the medical treatment was an unforeseeable intervening cause. Similarly, in cases where a third party's deliberate or reckless actions intervene after your negligence, such as an assault or vandalism, the defense may argue that the third party's actions were unforeseeable and the primary cause of harm.

5. Constitutional Violations

Constitutional violations occur when law enforcement or prosecution breaches your rights as guaranteed by the U.S. Constitution. Depending on the circumstances of your case, you can argue that your constitutional rights were violated during the investigation or prosecution process.

This defense can lead to the dismissal of charges, suppression of evidence, or other favorable outcomes. Some common types of constitutional violations include the following:

• Law enforcement conducting a search or seizure without a valid warrant or probable cause.
• Not being informed of your Miranda rights.
• Due process violations, such as being denied access to an attorney and delayed notification of charges.
• Equal protection violations, especially if there is evidence showing that you were treated differently based on race, gender, sexual orientation, nationality, or any other protected characteristic.

Consider a scenario where you are charged with criminal negligence for a car accident. If the police searched your vehicle without a warrant or probable cause and found evidence they intend to use against you, your attorney could argue a Fourth Amendment violation. They may file a motion to suppress the unlawfully obtained evidence. This may weaken the prosecution's case, possibly leading to a dismissal of charges or a more favorable plea deal.

Find a San Jose Criminal Defense Lawyer Near Me

Although the consequences of criminal negligence can be serious, you can secure a more favorable outcome with the right defense strategies. We invite you to contact us if you face criminal negligence charges in San Jose.  At California Criminal Lawyer Group, our team of criminal defense lawyers understands how overwhelming this situation can be, and we are here to fight for you. Call us at 408-622-0204, and we will work hard to protect your rights.