Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
Crimes by Code
Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
California DUI
DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
Post Conviction
A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
Please note: Our firm only handles criminal and DUI cases, and only in California. We do not handle any of the following cases:
And we do not handle any cases outside of California.
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Negligent homicide is defined as a crime where you commit some act of criminal negligence, and the act results in the killing of another person. While state laws slightly vary on the definition of “criminal negligence,” it is generally viewed as conduct where a person
An example of negligent homicide is leaving a Pitbull with a history of attacks off-leash and the animal kills a person.
Most state laws say that negligent homicide is a felony offense (as opposed to a misdemeanor) punishable by:
Note that criminal defense attorneys often draw upon several legal strategies to help defendants challenge negligent homicide charges. A few common ones include showing that:
You commit the offense of negligent homicide if you:
In general, “criminal negligence” is where you disregard some obvious risk or the safety of others. Note, though, that state criminal laws vary on the precise definition of the term.
For example, under Arizona law, “criminal negligence” is when a person fails to recognize the substantial and unjustifiable risk that his/her conduct will cause the death of another person.2
Although similar in nature, California law sets forth a slightly more involved definition. Per this state’s law, “criminal negligence” is more than just ordinary negligent behavior, carelessness, inattention, or mistake in judgment. It occurs when:
Examples of criminally negligent homicide include when you cause the death of another person after:
Also consider the situation where, during a heated altercation with her husband, a woman retrieves a loaded gun and waves it at him. The gun accidentally fires, killing the husband. Here, the woman would face a negligent homicide charge. She engaged in a reckless act that caused her husband’s death.
Note as well that most states say that negligent homicide is fundamentally the same criminal offense as involuntary manslaughter. For example, Florida law states that you will face involuntary manslaughter charges if:
Yes. You can challenge a criminal charge of negligent homicide with a legal defense.
Some common defenses include showing that:
As to self-defense, most states accept this defense provided that you:
Further, accident works as a defense provided that you:
Note that you should consult with a skilled defense attorney in negligent homicide cases. A defense lawyer can help provide legal advice as to how to raise the best defense.
Most attorneys and law firms provide free consultations, which means you can get your legal questions answered for free.
Further, most communications with a defense lawyer are protected by the attorney-client relationship. This means an attorney cannot disclose your communications without your consent.
While the offenses are similar, negligent homicide and vehicular homicide or vehicular manslaughter are two distinct criminal cases.
Most states say that you will face a criminal charge of vehicular homicide if you:
As with negligent homicide, vehicular manslaughter is a felony offense with criminal liability including several years in state prison.
For additional discussion, please see our page on the sentencing for negligent homicide.
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.