What Is Criminal Negligence?

Negligence is most often seen in civil cases, such as when a driver fails to signal or a grocery store employee forgets to put out a “wet floor” sign. Civil negligence involves a breach of duty and a failure to use due care. It occurs when an individual’s conduct goes beyond ordinary negligence. Criminally negligent acts are a gross deviation from reasonable behavior.

Federal and state courts define criminal negligence as conduct that deviates grossly from the standard of care a reasonable person would exercise, thereby creating a substantial and unjustifiable risk of harm. In this article, we’ll explain how negligence standards differ in criminal law versus civil cases. We’ll also provide some examples of charges that rely on criminal negligence to establish culpability.

Criminal negligence standards can vary from one jurisdiction to another. Some states use Model Penal Code definitions, while others have their own standards. If you’re facing a criminal charge, it’s important to consult a local criminal defense attorney, who can explain the charges and standards of proof.

Elements of Criminal Negligence

Ordinary negligence has four basic elements. The negligent party has a legal duty to act in a certain way towards the plaintiff and breaches that duty. The result of the breach causes the plaintiff an injury, which may be physical or monetary.

Criminal negligence shares the same elements, but adds a “gross deviation” from the normal standard that justifies criminal responsibility:

• The defendant has a legal duty of care toward the victim
• The defendant breaches this duty in a way that markedly deviates from the way a reasonable person would act in similar circumstances, failing to perceive a substantial risk that an ordinary person would have recognized in the same situation
• The defendant’s actions created an unreasonably high risk of death or injury that a reasonable person would have recognized
• The defendant’s actions caused the victim actual physical harm

In most crimes involving criminal negligence, the victim suffers serious bodily harm or fatality. Criminal negligence typically involves more than just monetary damages.

Criminal Liability

The main difference between civil and criminal negligence lies in the defendant’s mental state, or “mens rea.” Some acts are inherently dangerous, such as operating a shooting range or an explosive demolition company. These jobs are safe when performed with reasonable care. When a person acts without considering the potential risk, they act with gross negligence.

Here’s an example. A construction supervisor fails to inspect scaffolding before workers use it, despite clear signs of damage. This demonstrates criminal negligence. The supervisor should have recognized the substantial risk of collapse if the scaffolding was damaged or not set up properly. If the scaffolding collapses and kills a worker, the supervisor’s gross failure to perceive an obvious danger could result in criminal charges such as negligent homicide.

Criminal negligence differs from recklessness, another type of mental state that constitutes a crime. Recklessness involves consciously disregarding a known risk. Criminal negligence involves failing to perceive a risk that should have been obvious.

Charges Based on Criminal Negligence

Criminal negligence differs from intent-based crimes. Most crimes require deliberate intent to commit a criminal act. Criminal negligence is a failure to perceive a substantial risk that a reasonable person would have recognized.

Crimes that include criminal negligence as elements of the offense include:

• Driving-related offenses, such as DUI-related homicide
• Involuntary manslaughter (some states call this negligent homicide or criminally negligent homicide)
• Endangerment (leaving children or vulnerable individuals in or near obvious risks)

Criminal negligence is more than a simple carelessness or mistake. For example, leaving a child in a car seat in hot weather is likely an act of criminal negligence. It is foreseeable that the child could die or experience serious injuries. However, leaving a capable teenager briefly in a car under normal conditions would not be negligent. They have the ability to exit the vehicle independently if necessary.

Penalties for Criminal Negligence Charges

State criminal codes acknowledge that criminal negligence lacks the element of intent. However, these serious crimes still receive prison time, fines, and other penalties. For instance, involuntary manslaughter is a felony in most states. A conviction can lead to significant prison time.

In some states, if the criminal negligence involves a child, the sentence may be more severe. States often have separate penal codes for driving-related crimes, particularly driving under the influence.

Get Legal Advice From a Criminal Defense Attorney

Criminal negligence is a key element of many serious felonies and misdemeanors. If you face charges of a criminal offense that includes negligence, consult a criminal defense attorney in your area. They can explain how your state defines criminal negligence and the potential penalties.