Criminal Negligence
The title of negligent homicide alone can be a bit confusing to people. Under normal societal definitions negligent homicide seems to suggest that the death was just an accident and most would believe that a person should not be held criminally liable for an accident. However under the statute negligent homicide is defined as causing the death of another while acting with criminal negligence. Criminal negligence is defined elsewhere in the code as a person acting when he/she ought to be aware of a substantial and unjustifiable risk that the result will occur. So in the context of negligent homicide the law is basically saying that if you caused a death when you should have seen that there was a substantial and unjustifiable risk that the death of another could occur as a result of your actions then you are going to be criminally liable for that death. This may still seem a bit unfair to charge this person with homicide but it’s important to remember that this is not simply a charge of homicide but a separate crime of negligent homicide that does not carry the same penalties as murder.
Defense & Penalties
The offense of negligent homicide is defined as a class A misdemeanor under the code, meaning that they could spend up to a year in jail and be fined up to $2,500. Because of the convoluted definition of negligent homicide there is a lot of debate in each case as to whether or not the factors actually constitute a breach of the statute. One area of this law that is hotly debated is whether or not the risks that went unnoticed were ones that an ordinary person would have perceived. Obviously in some cases the facts will suggest an obvious ignorance of a significant risk, but most will not be that clear. Because the law is less than clear an attorney can be extremely beneficial in cases such as these.
Get Your Legal Defense Now
If you have been charged with negligent homicide then you need an attorney to help you argue that you did not act with criminal negligence. With our help you can be sure that you are putting the best arguments before the court. Call 801.823.1200 today to set up a free consultation and to learn more about what we can do for you.
