Criminal negligence means that a person acted with a disregard to obvious risks to human life and safety.
Under California law, criminal offenses typically require a prosecutor to prove that a defendant acted in a certain way. Some crimes require that a person acted intentionally, while others only require that a person acted knowingly. If a prosecutor cannot demonstrate that a person acted in a certain way, as required by statute, then the individual cannot be convicted of that crime.
Criminal negligence is an example of a standard of culpability that a prosecutor is required to prove for certain crimes. As a criminal defense attorney in Orange County, CA can explain, criminal negligence occurs when a person acts with a disregard to obvious risks to human life and safety. Under this standard, a prosecutor must prove:
- That the defendant acted recklessly and created a high risk of death or great bodily injury, and
- A reasonable person would have known that these acts would create such a risk.
To prove criminal negligence, a prosecutor must show that the defendant had knowledge of the danger and that their actions were more than a mistake in judgment, inattention, or an excusable accident. This standard only applies to conduct that is outrageous and recklessly, and that is a clear departure from how an ordinary person would act in a similar situation. For example, if a parent leaves a loaded, unlocked gun laying where a small child could reach it, they may have acted with criminal negligence.
Criminal negligence can occur in many different ways. Consider a situation where a person drives their car at over 100 miles per hour in a 45 mph zone — all the while texting and driving. This person then crashes into another vehicle, causing the other driver to die. Here, the person may be charged with involuntary manslaughter for killing a person unintentionally through criminal negligence. Driving at more than twice the speed limit while texting is reckless behavior that creates a high risk of death or great bodily injury — and a reasonable person would know that these behaviors create this type of risk.
Criminal negligence is not a crime in and of itself. Instead, it is an element of a crime, and is a substitute for intent. For most crimes, a defendant must act with a criminal intent. For example, to charge a person with burglary, a prosecutor must show that the defendant entered a structure or building with the intent to commit a theft or felony inside. For some crimes, criminal negligence is substituted for intent.
There are a number of possible defenses to a crime that is based on a theory of criminal negligence. A skilled criminal defense attorney in Orange County, CA may argue that the conduct was the result of a mistake in judgment or accident. In the example above, if the parent who left a loaded gun in reach of a child put it into a gun safe, but failed to close the door to the safe completely, then it may be a defense.
If you have been charged with a crime involving criminal negligence or any other level of intent, you will need a seasoned lawyer to defend you. At the Chambers Law Firm, we are dedicated to providing the highest quality criminal defense to each of our clients. Contact us today at 714-760-4088 or dchambers@clfca.com to schedule a consultation with a criminal defense attorney in Orange County, CA.
