In California, certain crimes require prosecutors to establish that the defendant's actions were not just a mere oversight or carelessness, but a level of negligence that put someone else in grave danger. This is what we refer to as criminal negligence, a serious matter that goes beyond typical oversight or carelessness.
When criminal negligence is a factor in a case, the potential consequences are severe. If prosecutors can prove beyond a reasonable doubt that you acted with criminal negligence, you could face serious fines and even jail or prison time. This is not a situation to be taken lightly.
In other words, criminal negligence involves a failure to exercise ordinary care, resulting in a high probability of death or great bodily injury, and can lead to criminal charges, such as involuntary manslaughter.
Furthermore, criminal negligence refers to conduct in which a person ignores a known or obvious risk or disregards the life and safety of others. Federal and state courts define this behavior as a form of recklessness, where someone acts significantly differently than an ordinary person under similar circumstances.
Often, criminal defense lawyers use several legal strategies to challenge allegations of criminal negligence. These include showing that a defendant committed an act as the result of a mistake or accident, had no knowledge that their act created a risk of danger, and acted with reasonable care.
What is the Law in California?
California criminal law uses the concept of criminal negligence. Under this law, a district attorney (prosecutor) must prove all of the following to show it existed, including the following:
- A defendant acted so recklessly that they created a risk of death or injury,
- The act demonstrated a disregard for or an indifference to human life, and
- A reasonable person in a similar situation would have known that the act could result in harm.
Further, state law focuses only on the defendant's actions and not on the act's consequences. This means that a defendant can act criminally negligent even if no one is hurt, as long as the defendant's behavior was such that it was likely would cause someone to get hurt.
In addition, even if somebody is hurt or killed, criminal negligence only exists if the act itself that caused the injury was reckless and involved a high degree of danger.
Understanding Criminal Negligence
Criminal negligence occurs when someone disregards obvious risks to human life and safety. The district attorney must prove that a defendant acted with criminal negligence to convict that person of certain offenses.
Under California law, criminal negligence pertains to behavior that demonstrates a reckless disregard for the safety or well-being of others.
Unlike standard negligence, where someone simply fails to exercise reasonable care, criminal negligence involves conduct that is so careless it creates a high risk of great bodily injury or even death and constitutes a gross departure from how an ordinarily prudent person would act in the same situation.
To show you acted with criminal negligence, prosecutors must demonstrate the following elements:
- Recklessness - You acted in a way that created a substantial risk of injury or death to others.
- Awareness - You knew, or reasonably should have known, that your actions could result in serious consequences.
- Gross Deviation - Your behavior significantly departed from what an ordinary person would have reasonably done under the same circumstances.
What are Some Examples?
- Leaving a young child in a locked car during extreme heat or driving at excessive speeds through a crowded neighborhood could constitute criminal negligence.
- For the crime of involuntary manslaughter, a person commits this offense when they kill someone unintentionally, and do so by criminal negligence or in the commission of a crime that is not a felony.
- In PC 187 murder cases, a prosecutor must prove that the accused killed someone and did so with the mental state of malice aforethought.
- In PC 459 burglary cases, the district attorney must show that a defendant entered a structure or building, and did so with the intent to commit a theft or felony inside.
Criminal Negligence - Quick Facts
Other things to understand about criminal negligence include the following:
- It acts as a substitute for intent. In other words, where criminal negligence applies, prosecutors don't have to prove you intended to commit a crime or cause harm- only that you should have known that your actions were dangerous.
- Criminal negligence applies even if no one was hurt or killed. The act of criminal negligence still makes the behavior a crime even if the worst-case scenario didn't play out.
- More than a mistake or accident. Criminal negligence requires more than a mistake in judgment, inattention, or simple carelessness. It only applies to outrageous and reckless conduct that clearly departs from how an ordinary person would act in a similar scenario.
- Knowledge of a danger. To have criminal negligence, a person must know that an act created a risk to a victim. Specifically, a defendant must know that either their acts created a risk for the victim, or that a reasonable person in a similar situation would have appreciated or foreseen the risk.
- Intent. As noted above, criminal negligence acts as a substitute for intent. To be guilty of most crimes, a defendant must act with a "mens rea" or "criminal intent." Mens rea is a Latin term that refers to the mental state or intention of the defendant at the time of the crime. It's a crucial element in proving criminal liability.
Civil vs. Criminal Negligence
Criminal negligence can result in jail time. Civil negligence is a tort in which the wrongdoer may be liable for financial compensation to the victim. Civil negligence is conduct that falls below an appropriate level of care. If proven, an injured plaintiff can recover damages from the defendant for any injuries they caused.
Negligence can be a factor in both civil and criminal cases, but there are significant differences between the two. Understanding these differences can make you feel more informed and knowledgeable about the legal system, such as:
- Civil Negligence addresses harm caused by a failure to exercise reasonable care. It typically arises in personal injury lawsuits where the person alleging negligence seeks monetary compensation, also called damages, for their injuries. Simply put, civil negligence is proven in a civil case involving personal injury. A plaintiff must prove negligence by a "preponderance of the evidence," meaning that it was more likely than not that the defendant acted negligently.
- Criminal Negligence, on the other hand, involves conduct that is not just careless but rises to the level of reckless disregard for human life or safety. The state prosecutes this kind of negligence, which may result not in monetary damages but in criminal penalties, such as jail or prison time, fines, or probation. In a criminal case, a prosecutor must prove that the defendant is guilty "beyond a reasonable doubt."
Is Criminal Negligence a Crime in Itself?
No, criminal negligence is not a crime on its own. Instead, it is an essential legal element of certain offenses. In cases where it is a central component of the crime, prosecutors must prove it to secure a conviction. Here are a few examples of crimes that may involve criminal negligence:
- Child Endangerment (Penal Code 273a PC). A parent, caregiver, or individual may be charged with child endangerment if they willfully place a child in a situation that endangers their physical or mental health. For example, leaving a baby unattended near a swimming pool without a safety barrier could be prosecuted under this statute.
- Involuntary Manslaughter (Penal Code 192(b) PC). Criminal negligence is a key element in proving involuntary manslaughter since (by definition) the death was unintentional.
- Vehicular Manslaughter (Penal Code 192(c) PC). Criminal negligence often comes into play in traffic-related cases-for instance, if a driver speeds through a red light while texting and causes a fatal accident.
- Elder Abuse (Penal Code 368 PC). Failing to provide adequate care to an elderly person under one's responsibility, especially if it leads to serious harm or death, may lead to elder abuse charges that hinge on showing criminal negligence.
Common Defenses to Criminal Negligence
If you've been accused of a crime involving criminal negligence, a good California criminal defense attorney will typically implement legal defenses intended to disprove the criminal negligence element. The specifics will depend on the charges and circumstances, but potential defenses include:
- No Gross Negligence: Your attorney may argue that your actions do not rise to the level of criminal negligence. Ordinary negligence, carelessness, or poor judgment may have been involved, but did not amount to recklessness or endangerment.
- Lack of Awareness: Criminal negligence cases often hinge on whether a reasonable person would have been aware of the risk their actions posed. If you were genuinely unaware of the danger and your actions were not extreme, this could weaken the prosecution's case.
- Accident: Not all accidents result from criminal negligence. If the incident occurred despite reasonable precautions or without foreseeable risk, your lawyer may present evidence supporting the claim that it was an unavoidable accident.
- Reasonable Care: A defendant is not criminally negligent if they use reasonable care to avoid harming a victim. This reasonableness does not constitute reckless behavior. An assertion of reasonable care always acts as a defense.
For more information, contact Eisner Gorin LLP, a criminal defense law firm in Los Angeles, CA.
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