Negligent Homicide Sentence – How much time to you get?

Generally, the prison sentence for negligent homicide is at least several years in length. In California, for example, a conviction carries up to 4 years in prison. The precise sentencing range will depend on the state. Aggravating factors and your criminal background may significantly increase the sentence. The offense is less severe than other types of murder because negligent homicides are unintentional.

Sentencing for Negligent Homicide

The potential prison sentence for negligent homicide will depend on the state. However, most states treat the offense as a low- to mid-level felony. Felonies are crimes that carry more than 1 year in prison. Generally, convictions for negligent homicide carry several years in prison. Some aggravating factors may increase the prison time, like the use of a deadly weapon or if the victim was a law enforcement officer. Your criminal history may also lead to longer prison sentences.

In Arizona, for example, negligent homicide is a Class 4 felony. In that state, felonies are divided into 3 groups:

• non-dangerous felonies,
• dangerous felonies, and
• crimes against children.

When negligent homicide is committed without a dangerous instrument or a deadly weapon, it is a non-dangerous felony. A conviction carries a prison sentence of between 1 year and 3 years and 9 months.¹ The potential sentence increases if you have a prior felony conviction. If this is the case, the potential sentence increases to between 2 years and 3 months and 7 years and 6 months.² If you have 2 or more prior felony convictions, the sentencing range for negligent homicide increases to a minimum sentence of 6 years and a maximum of 15 years.³

If the negligent homicide was committed with a dangerous instrument or a deadly weapon, it is a dangerous felony. The sentencing range for a first-time conviction is 4 to 8 years.⁴ If you have a prior felony conviction for a dangerous offense, you face between 8 and 12 years in prison.⁵ If you have 2 or more of these prior convictions, you face between 12 and 16 years in prison.⁶

Another example is New York. There, the offense is called criminally negligent homicide. It is a Class E felony.⁷ A conviction carries an indeterminate prison sentencing range of between 1 and 4 years.⁸ For a second offense, the sentencing range is between 3 and 4 years.⁹

The criminal law in New York also includes the crime of aggravated criminally negligent homicide. This offense covers criminally negligent homicides of peace or police officers in the line of duty. If you knew or reasonably should have known that the victim was an officer, the offense becomes a Class C felony.¹⁰ These convictions carry between 3 years and 6 months and 15 years in prison.¹¹

The crime of negligent homicide generally carries similar prison sentences in other states.

A criminal case of negligent homicide is a serious crime. You should get the legal advice of a criminal defense lawyer from a local law office to raise an effective defense.

Other Penalties

If you are convicted of negligent homicide, you will likely have to pay a fine in addition to serving prison time. You may also be sued for wrongful death by the victim’s family members. You will also face the collateral consequences of having a felony conviction on your criminal record.

Like the potential prison terms, the fines for negligent homicide will depend on the state. They can vary quite significantly. For example, the fines for negligent homicide are up to:

• $5,000 in New York,¹²
• $10,000 in California,¹³ and
• $150,000 in Arizona.¹⁴

Judges have lots of discretion in imposing a fine.

The victim’s loved ones may also choose to file a personal injury claim against you for wrongful death. These claims demand financial compensation for the victim’s death.

You are also likely to face discrimination from other people after your release from prison. This comes in the form of collateral consequences for your felony conviction. Some examples include:

• having to admit to a criminal conviction on job applications,
• struggling to get approved for a loan or mortgage, and
• losing professional licenses or certifications, or becoming ineligible to obtain one.

In some cases, though, you may be sentenced to probation rather than to prison. This possibility is often within the judge’s discretion. If the judge decides to put you on probation, you will suspend the prison sentence and then impose a term of probation, instead.

Probation lets you stay out of prison. However, there are numerous terms and conditions of release. These can be quite onerous. Some common terms of probation include:

• performing community service,
• paying victim restitution,
• meeting with a probation officer,
• passing drug tests,
• paying court costs,
• agreeing not to meet with certain associates,
• completing a drug or alcohol treatment program, and
• not committing another crime.

Criminally Negligent Homicide Defined

The crime of criminally negligent homicide is defined as the killing of a human being with criminal negligence.

In many states, “another person” includes an unborn child.¹⁵

Criminal negligence is often defined as behavior that shows a disregard for an unjustifiable risk to human life. It generally involves conduct that a reasonable person would have known creates a high risk of death or great bodily injury.¹⁶

In many states, vehicular homicide is treated as a separate criminal offense. This often means that if you are a drunk driver who causes a fatal car accident, you will not face a charge of negligent homicide. Instead, you will face charges under a different criminal homicide statute. These are generally for the offense of vehicular homicide or vehicular manslaughter.

California Law

In California, negligent homicide cases are typically charged as involuntary manslaughter (Penal Code 192(b) PC). Convictions for this offense carry 2, 3, or 4 years in jail as well as up to $10,000 in fines.¹⁷

The conviction can also count as a “strike” under California’s three-strikes law if you killed someone else with a firearm or some other deadly or dangerous weapon.¹⁸

The criminal elements of the crime of involuntary manslaughter in California are:

• you were committing an infraction, misdemeanor, or a felony that was not inherently dangerous, OR were performing a lawful act in an unlawful manner,
• you acted with criminal negligence, and
• your actions caused the death of another person.¹⁹

A negligent homicide that was caused during an inherently dangerous felony will lead to a criminal charge of murder under California’s felony-murder rule.²⁰

Criminal negligence is defined as:

• conduct performed in a reckless manner and that creates a high risk of death or great bodily injury, and
• a reasonable person would have known that the conduct would create such a risk.²¹

However, involuntary manslaughter does not cover conduct involving a motor vehicle. These cases, which often involve driving under the influence of alcohol (DUI), are charged under California’s law for vehicular manslaughter (Penal Code 192(c) PC).

If you are facing voluntary manslaughter charges in California, you should strongly consider establishing an attorney-client relationship with a criminal defense attorney from a reputable law firm.

Additional reading

For more in-depth information, refer to these scholarly articles:

• Negligent Homicide–A Study in Statutory Interpretation – California Law Review.
• Negligent Homicide or Manslaughter: A Dilemma – Journal of Criminal Law and Criminology.
• Unintentional Killings – Texas Tech Law Review article providing a detailed discussion of homicide crimes without premeditation or voluntary actions.
• Involuntary Manslaughter: Review and Commentary on Ohio Law – Ohio State Law Journal.
• Criminal Law: Involuntary Manslaughter: Presence as a Prerequisite to Liability for Permitting an Incompetent to Drive an Automobile – Michigan Law Review.

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Legal Citations:

1. ARS 13-702.
2. ARS 13-703.
3. Same.
4. ARS 13-704(A).
5. ARS 13-704(B).
6. ARS 13-704(C).
7. New York Penal Law 125.10.
8. New York Penal Law 70.00.
9. New York Penal Law 70.06.
10. New York Penal Law 125.11.
11. New York Penal Law 70.02.
12. New York Penal Law 80.00.
13. California Penal Code 193 PC.
14. ARS 13-801.
15. See, e.g., ARS 13-1102.
16. See Stringfield v. Superior Court, 166 F.Supp.3d 1144 (2016).
17. California Penal Code 193 PC.
18. California Penal Code 1192.7 PC.
19. California Criminal Jury Instructions (CALCRIM) No. 581.
20. CALCRIM No. 540A.
21. CALCRIM No. 581.