What Is Negligent Homicide?

In this article, we’ll explain the criminal offense of negligent homicide and the possible penalties someone might face. Exact penal code definitions and sentencing vary by state.

If you’re facing negligent homicide charges, contact a criminal defense attorney as soon as possible. This type of criminal case can be both challenging and overwhelming to navigate. An experienced criminal defense attorney can guide you and help protect your rights.

What Is Negligent Homicide?

Negligent homicide is the criminal act of unintentionally causing the death of another person through either:

• Acts that expose the other person to substantial risk of death
• An act that shows a gross disregard for human life

The key difference between negligent homicide and murder is the absence of intent to kill.

Federal law includes these types of killings in its definition of involuntary manslaughter. Regardless of the name, the important distinction remains the same. This crime occurs when someone acts so dangerously, negligently, or recklessly that they cause the death of another.

Elements of Negligent Homicide

To convict someone of negligent homicide, prosecutors must prove certain elements beyond a reasonable doubt. States define these elements differently or use different terminology. For example, some distinguish between:

• Negligent homicide (lower culpability)
• Criminally negligent homicide or reckless homicide (higher culpability)

Others may include additional elements or specific circumstances under which negligent homicide can be charged.

Most jurisdictions must prove the following:

Criminal Negligence or Recklessness

The first and most critical element is showing that the defendant acted with criminal negligence or recklessness. This is more than ordinary carelessness. It requires conduct that creates a substantial and unjustifiable risk of death.

Criminal negligence generally means the defendant should have been aware of a substantial risk that their conduct could cause someone’s death, but failed to do so. The failure to recognize this risk must be a gross deviation from what a reasonable person would do in similar circumstances.

Recklessness goes one step further. It means the defendant was actually aware of the substantial risk their conduct created but consciously disregarded the risk. Examples of criminally negligent or reckless conduct include:

• Excessive speeding, street racing, or texting while driving a motor vehicle that causes a fatal accident
• Leaving a young child unattended in a hot vehicle for an extended period
• Storing a loaded gun or other deadly weapon where children can access it, leading to a fatal accident
• Failing to provide necessary medical treatment to a dependent person

The key distinction is that the defendant’s actions must go beyond simple mistakes or ordinary negligence.

Causation

The prosecution must prove that the defendant’s conduct directly caused the victim’s death. This is often referred to as “proximate cause” or the “but for” test, meaning the death would not have occurred “but for” the defendant’s actions.

Causation can become complicated when the cause of death is connected to multiple factors. For instance, let’s say someone drives recklessly and causes a crash. If the victim had a pre-existing medical condition, the prosecution would be required to show that the defendant’s reckless driving was a substantial factor in causing the death. Judges and juries will look at whether the death was reasonably foreseeable.

Death of Another Person

Another human being must die as a direct result of the defendant’s conduct. Without a fatality, the charge cannot be negligent homicide. If someone is seriously injured but survives, a defendant might face other criminal charges, such as reckless endangerment, assault, or child endangerment.

How Negligent Homicide Differs From Other Charges

Understanding the distinctions between negligent homicide and other charges is crucial. Different homicide offenses require different mental states. These variations of intent directly impact the severity of charges and potential penalties.

Murder

Murder involves the deliberate killing of another person. It is a willful and premeditated act of killing another. It often involves planning, an intent to kill, or acting with extreme indifference to human life.

Most state laws have first-degree and second-degree murder, or something similar. First-degree murder often involves premeditation. Second-degree murder may lack planning, but exhibits an extreme indifference to human life. In some jurisdictions, felony murder rules may also apply when a death occurs during the commission of certain felonies.

Voluntary Manslaughter

Voluntary manslaughter is considered an intentional killing committed in the “heat of passion.” These cases turn on a sudden emotional response. For instance, someone discovering their spouse in bed with someone else may “snap” and, in an emotional rage, kill one or both of them. This intentional killing could constitute voluntary manslaughter rather than murder. It would be up to the judge or jury to decide whether there was sufficient provocation for the defendant to lose control.

Negligent Homicide

Compared to other unlawful killings, negligent homicide lacks the intent to kill. The defendant did not mean for anyone to die, nor did they plan to hurt anyone. This crime does not require malice aforethought, heat of passion, or intent to hurt another.

What makes negligent homicide a criminal act is recklessness, carelessness, or criminal negligence. The defendant’s conduct creates a substantial and unjustifiable risk of death through gross negligence or recklessness. It falls short of the extreme indifference to human life required for murder, but it is still a serious offense.

Penalties for Negligent Homicide

Under federal law, involuntary manslaughter carries penalties of imprisonment of up to eight years, a fine, or both. As is often the case, state laws may impose different penalties. Let’s take a look at a few examples

In Louisiana, a conviction for negligent homicide is punishable by imprisonment for up to five years, a fine of up to $5,000, or both. Montana provides far harsher penalties for negligent homicide, with state law imposing up to 20 years in prison, a fine of up to $50,000, or both, for anyone found guilty of negligent homicide.

Seek Legal Advice From a Criminal Defense Attorney

For anyone facing negligent homicide charges, it is important to seek legal advice. This criminal charge carries serious consequences, including fines and potential jail time.

A criminal defense attorney can help you understand these serious charges and assess the strength of the case against you. They can also represent you in court if the case goes to trial. Consider contacting a local criminal law attorney to discuss your case and ensure your rights are protected.