In California, negligent homicide is a situation where someone's negligent actions result in the death of another. This type of offense falls under the category of involuntary manslaughter (Penal Code 192(b) PC), which is a broader term that encompasses situations where a person's actions do not carry the malicious intent to kill but are nonetheless so patently negligent or dangerous that death occurs as a result.
The term 'negligent homicide' is used to specifically highlight the element of negligence in these cases.
The key difference between the two is that involuntary manslaughter is a broader term that includes negligent homicide, while negligent homicide specifically emphasizes the element of negligence. This distinction is crucial for a clear understanding of the legal implications.
Simply put, negligent homicide occurs when an act of criminal negligence leads to the loss of a human life. This occurs when a death results from a non-felony unlawful act, during the commission of a lawful act which might produce death, or a failure to perform a duty that demonstrates a disregard for human life or indifference to the consequences.
What is Negligence?
This statute does not apply to deaths resulting from deliberate acts (murder), which are prosecuted under different laws. This is not a matter to be taken lightly. Criminal negligence, in this context, refers to conduct where someone disregards a known or obvious risk, showing a callous indifference to the life and safety of others.
Under California law, negligent homicide cases are charged as involuntary manslaughter. Negligent homicide is charged as a felony, and a conviction could result in several years in prison. PC 192(b) says, "Involuntary the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection."
A critical aspect of prosecuting negligent homicide under PC 192(b) is establishing the presence of criminal negligence, which markedly differs from ordinary negligence. Ordinary negligence refers to a failure to exercise reasonable care to prevent foreseeable harm. Criminal negligence involves actions that are so reckless that they demonstrate a substantial lack of concern for the likelihood that such behavior could result in the death of another.
To secure a conviction for involuntary manslaughter, prosecutors must prove beyond a reasonable doubt that the defendant acted with criminal negligence. This entails demonstrating that the defendant's actions were more than a mistake, judgment error, or an accident. Instead, it must be shown that the defendant's conduct was a gross deviation from how a reasonable person would act in a similar situation.
What Factors Must Be Proven?
The prosecution must prove several key elements to establish negligent homicide:
- The defendant committed a negligent act or failed to perform a duty.
- The negligence was dangerous to human life.
- The negligent act caused the death of another person.
- The negligence was a gross deviation from the standard of conduct that a reasonable person would observe.
- The act was inherently dangerous or done under circumstances likely to cause death or great bodily harm.
- There was a direct causal link between the defendant's action or inaction and the victim's death.
What are the Penalties?
In California, negligent homicide is always charged as a felony. If you are convicted of this crime, the penalties are severe and include imprisonment and substantial fines. The potential consequences of a conviction for negligent homicide are not to be taken lightly, as they can have lasting negative implications, whether or not prison time is imposed.
These implications can significantly alter the course of your life, affecting your rights and professional standing. For instance, a felony conviction results in the forfeiture of your right to own or possess a firearm. Similarly, if you hold a professional license, a felony conviction could result in the revocation of that license. The penalties include the following:
- Prison sentences can range from probation with no jail time to four years in state prison.
- Defendants may also face fines up to $10,000.
What are Related Crimes?
Several California laws are related to Penal Code 192(b), which pertains to the offense of negligent homicide. Understanding these laws can provide a broader context for the legal implications of such cases, enabling you to navigate the complex legal landscape more effectively. Related crimes include the following:
- Penal Code 192(a) PC voluntary manslaughter. It's a crime when someone is killed during a sudden quarrel in the heat of passion or an honest but unreasonable belief in the need to defend oneself.
- Penal Code 191.5 PC gross vehicular manslaughter while intoxicated. It's a crime to commit vehicular manslaughter while driving under the influence of alcohol or drugs. The DA must show that you acted with criminal and gross negligence to secure a conviction.
- Penal Code 187 PC murder. The crime of murder is defined as the unlawful killing of a human being with malice aforethought. First-degree murder covers all premeditated killings as well as felony murder. Murder is the more severe form of manslaughter, and a conviction can result in a sentence of 25 years to life in state prison.
What are the Common Defenses?
Our California criminal defense attorneys can offer numerous strategies against negligent homicide charges under Penal Code (PC) Section 192b. Perhaps we can argue that there was no criminal negligence. Perhaps your actions did not rise to the level of criminal negligence, which is a common defense.
This involves demonstrating that you acted as a reasonable person under similar circumstances. Other defenses could include a lack of causation, where it is argued that your actions did not directly cause the death. Perhaps we can argue that the death resulted from an unforeseeable accident in which you were not acting negligently. defense.
Sometimes, it may be argued that your actions, though resulting in death, were taken in self-defense or defense of others. We would demonstrate that you took appropriate action in response to a perceived threat of imminent harm. Contact our law firm for more information. Eisner Gorin LLP is based in Los Angeles, CA.
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