If you’re wondering what is negligent homicide, you’re not alone. The case of negligent homicide is one that has a number of nuances. If the defendant caused or allowed a person to die due to their own reckless behavior, you may be accused of criminal negligence homicide. Here’s a look at the legal definition of this crime. If you are guilty of negligent homicide, you can face a criminal charge, including the death penalty.
A driver who fails to stop at a stop sign is a prime example of a negligent homicide case. This homicide case involving a train is an example of how a negligent homicide charge could come about. Whether a driver intentionally accelerated a train or merely neglected to slow down the vehicle as it neared a stop sign, the underlying legal concept is the same: the defendant failed to recognize a substantial and unjustifiable risk. It must also be of a nature that constitutes a gross deviation from a reasonable person’s standard of care.
The penalties for a negligent homicide conviction depend on several factors. A prior criminal history is a strong factor, as is the amount of time a person must spend in prison. The felony label comes with social stigma. Having this label makes it extremely difficult to find and keep a job. A negligent homicide lawyer will present various reasonable alternatives to the prosecution’s case. The penalties for negligent homicide are severe, and even the most minor infractions will result in a lengthy prison sentence.
A defendant accused of negligent homicide should focus on a criminal defense that attacks the causation and awareness of unjustifiable risk. While this may be difficult to overcome, there are some defenses to this charge. These include alibi defenses and challenging the credibility of prosecution evidence. It’s important to understand the legal defenses of negligent homicide and be prepared for a difficult legal battle. If you have a defense, you’ll be able to beat the charge.
If you’re charged with negligent homicide, the best thing to do is consult with an attorney immediately. In most cases, defendants can request a lesser charge instead of the higher degree of homicide. This charge carries a lower punishment range, so you’re able to argue that you were responsible for the accident. It may give the defendant credibility with the jury, resulting in a short prison sentence.
Negligent homicide is a misdemeanor, but if the victim was driving under the influence of alcohol, the charge could become a felony. A felony conviction would entail a one to 15-year prison sentence. The punishment for negligent homicide can vary between states, but in most states, the minimum punishment is one year in prison. If the person responsible for the death died as a result of someone else’s negligence, the defendant is liable for the death and must pay restitution to the family.
If you’re charged with negligent homicide in Arizona, the crime is a Class 4 felony. This type of crime carries a more severe punishment than a misdemeanor, and a felony conviction means a longer prison sentence, a loss of liberty and some rights. In addition, you’ll lose your firearm license, and your criminal record will go on record. If you’ve been charged with negligent homicide, make sure to speak with a lawyer as soon as possible.