What is Negligent Homicide?
If someone dies as a result of another person’s negligence, that is negligent homicide. While there is a difference between negligent homicide and intentional homicide, both cases involve the actions of the defendant. A negligent act means that the defendant failed to perceive a substantial and unreasonable risk. The risk must be of such a nature that the defendant violated a reasonable standard of care. Moreover, the defendant must have failed to provide adequate warning of the risk.
Although the definition of negligent homicide varies from state to state, in California, it is classified as involuntary manslaughter. This type of homicide is a crime punishable by up to four years in prison. It requires the perpetrator to break a law in an unlawful manner, to cause death, and to have reckless or deliberate intent. While the punishment is harsh, it is worth noting that some states do not charge negligent homicide.
If you have been accused of negligent homicide, it is important to consult with a skilled criminal defense attorney. An attorney will carefully review the facts of the case and put together a strong defense for you. Ultimately, a good lawyer will serve as your advocate in court and keep you informed throughout the process. A competent criminal defense attorney will ensure that your rights are protected throughout the process, from filing the case to the sentencing hearing.
A defendant can challenge the homicide charge based on a number of defenses. The prosecution must prove that the defendant knew about the risk and failed to act accordingly. A lack of awareness of the risk can be a strong defense, but a defendant may also challenge the authenticity of prosecution evidence. A defense that can help your case is one of the most common types of negligent homicide cases. For example, if you accidentally shot your friend and did not seek medical attention for him or her, you can argue that negligent homicide was a case.
If convicted of negligent homicide, you will be sentenced to prison for the crime. A sentence of at least one year may be imposed if the crime is not dangerous. If the crime is committed with a weapon, the sentence will be much more serious, with a minimum of four years and a maximum of eight years. You will also be required to serve probation. This is because negligent homicide is a felony, so you are subject to a long jail term.
Involuntary manslaughter is the least serious form of homicide. It occurs when a person kills another person because of carelessness or recklessness. Another example of negligent homicide is when an individual illegally operates a motor vehicle. The act can include reckless driving, speeding, driving while intoxicated, and gross negligence. If you have committed these crimes, you could be facing criminal charges for negligent homicide.