Criminal negligence refers to conduct a person engages in that ignores an obvious or known risk or disregards the safety and life of others. Federal and state courts have varying definitions of what criminal negligence means, but they all describe this behavior as a form of recklessness. When a person is criminally negligent, this means they have acted in a way that is significantly different than the way an ordinary person would act under similar circumstances. A person who causes harm to another individual due to their criminal negligence could face significant penalties.
In California, criminal law recognizes the concept of criminal negligence. In a criminal case, prosecutors will need to prove the following in order to show criminal negligence existed:
In California, state law focuses on the actions of the defendant and not on the consequences of the defendant’s actions. What this means is that a person can face charges of criminal negligence even if nobody is hurt, so long as it can be shown that the defendant’s behavior was such that it would likely have caused a person harm or death.
Additionally, even if a person is injured or dies due to the actions of another, criminal negligence will only exist if the act that caused the injury was reckless and involved a high degree of danger.
There are various examples of criminal negligence. This can include:
If you or somebody you care about are facing charges of criminal negligence in California, you need to speak with a skilled Riverside criminal lawyer as soon as possible. An attorney will be able to analyze the facts of your case and help formulate the best defense strategy possible. For criminal negligence cases, some possible legal defense strategies include showing that: