Negligent homicide occurs when someone commits criminal negligence that causes the death of another person. Criminal negligence is typically considered any act in which a person disregards an obvious or known risk or when they disregard the safety of others. Negligent homicide is also referred to as involuntary manslaughter in California.

Anyone charged with this offense needs a skilled defense attorney on their side. Negligent homicide is a felony in California, which means the penalties can be severe and last a lifetime. Your criminal defense attorney may be able to use one of the following strategies to fight your charges:

  • You acted in self-defense

  • The death was an accident

  • The prosecution lacks sufficient evidence

What Constitutes Negligent Homicide as a Crime?

Criminal negligence is a major component of negligent homicide, and it occurs when someone ignores the clear risks associated with an act or disregards the safety of other people. Specifically, California classifies criminal negligence as reckless behavior that creates a high risk of great bodily injury or death and an act that a reasonable person would recognize as creating this risk. It is not the same as everyday negligence or carelessness, nor is it the equivalent of a lapse in judgment. Criminal negligence goes beyond these ordinary mistakes and behaviors.

What Instances Could be Considered Examples of Negligent Homicide?

If criminal negligence exceeds regular mistakes and negligence, what behaviors or acts could qualify as negligent homicide? Some examples include instances when someone causes another person’s death by performing the following acts:

  • Firing a gun into the air while in a crowd

  • Leaving a child alone in a hot car

  • Letting a dog with a history of attacks roam off-leash

  • Waving a loaded gun in the company of other people

  • Hazing college students

  • Getting into a physical fight or altercation with someone

There are many situations that could qualify as negligent homicide or involuntary manslaughter. Do you have questions about your case? Contact a Santa Ana criminal defense attorney to find out what your options are.

Negligent Homicide and Intent

Most crimes require that criminal intent exist. This means that a guilty verdict relies on the prosecution proving the alleged criminal acted intentionally or deliberately. However, criminal negligence replaces intent in negligent homicide cases.

Criminal negligence is a substitute for intent because of implied intent, which is present when there is a willingness to inflict injury on another person. By disregarding the safety of others in a situation that is known or should be known to cause death or injury, people convicted of negligent homicide show a willingness to cause injury or harm.

Are There Legal Defenses Available in Cases of Negligent Homicide?

Don’t lose hope if you’ve been charged with negligent homicide. There are valid legal defenses that can help you challenge your criminal charge. For example, you may be able to argue that you acted in self-defense. You will need to establish both of the following in order to use self-defense as your defense:

  • You had a reasonable belief that the other person presented an immediate threat to you.

  • You only inflicted the amount of force necessary to resist the other person’s threat.

Other defensive strategies include showing that the other person was killed accidentally or that there is not enough evidence to prove your guilt.

To establish an accident defense, you will need to show that you:

  • Did not have criminal intent to harm the other person

  • Did not act with criminal negligence

  • Were not engaged in any other illegal activity at the time

Is Negligent Homicide Legally Distinct from Vehicular Homicide?

Vehicular homicide is not the same thing as negligent homicide under California Penal Code Section 192. They are both types of manslaughter, but they have their own sections in the Code. The text specifically mentions three types of manslaughter: voluntary, involuntary, and vehicular. Negligent homicide falls under the involuntary category.

Other differences include the penalties associated with a conviction. Criminal negligence, or involuntary manslaughter, brings a prison sentence of up to four years. Conviction of vehicular manslaughter can lead to penalties with varying degrees of severity, from less than one year to as many as ten years. It’s important to note that not every death that results from a car accident will be charged as vehicular manslaughter; some are just considered accidents.

Criminal Defense Attorney in Santa Ana, CA

When you’re ready to work with a criminal defense attorney who prioritizes your best interests and advocates tirelessly for you, contact the Law Office of Sheny Gutierrez. Our attorneys have nearly two decades of experience helping clients in Southern California. Discussing your case with an attorney can provide valuable insight into the upcoming process and your legal options.

Contact us today to schedule a free consultation with one of our criminal defense attorneys.