Criminal Negligence Defense in California

California prosecutors can charge someone with criminal negligence when their actions are so careless or reckless that they put others at risk or cause harm. Unlike intentional crimes, criminal negligence doesn’t require the intent to cause harm. However, a conviction can still carry serious consequences, including jail or prison time.

Every criminal negligence case is unique, and the right defense strategy can significantly impact its outcome. An experienced criminal defense attorney can spot the weaknesses to leverage in your case.

If you’ve been charged with criminal negligence, talk to the legal team at the Law Offices of Justin E. Sterling. With over 20 years of experience in criminal defense in Southern California, founder Justin Sterling has the background, results, and strategic insight you need in a skilled defense lawyer.

Acting quickly is crucial when facing a charge of criminal negligence. Call or contact us today for a free consultation.

What Is Criminal Negligence in California?

Criminal negligence involves conduct that is very different from what a reasonable person would do in a similar situation. Under California law, it’s not enough to simply make a mistake. The law looks at whether you ignored a known or obvious risk or whether your actions showed a gross disregard for human life. Courts consider both the potential and actual harm that you allegedly caused.

Anyone can face criminal negligence charges in various situations, like traffic accidents, workplace accidents, medical malpractice, and incidents involving firearms. Involuntary manslaughter (Penal Code 192(b)) is one example of criminally negligent behavior.

Criminal negligence is not the same as civil negligence. Criminal negligence refers to offenses that are brought by the state and are punishable by penalties like prison time. In civil cases, a person files a case against another party seeking financial compensation. A common example of a civil case is a personal injury claim.

Elements of a Criminal Negligence Charge

To secure a conviction, the prosecution must prove criminal negligence beyond a reasonable doubt. The main components generally include:

Duty of care: The prosecutor must show you had a legal duty to act responsibly toward the alleged victim, such as a duty imposed by law, profession, or relationship. For example, drivers have a duty to exercise reasonable care to avoid hurting others.
Breach of duty: Your actions (or inactions) breached that duty — not minor carelessness, but a gross deviation from what an ordinary person would do in the same situation.
Causation: Your breach directly caused harm or created a substantial risk of harm. The prosecution must link your conduct to the resulting injury or death.
Harm: Actual harm resulted from your reckless behavior. This might be physical injury, death, or significant property damage.

A skilled criminal defense lawyer can analyze whether the prosecution can prove each component in your situation and build a strong defense based on the facts of your case.

Potential Penalties for Criminal Negligence

Penalties for criminal negligence in California vary depending on the specific charge and the circumstances. Some of the common consequences include:

Misdemeanor charges: Certain acts of criminal negligence may be charged as misdemeanors, punishable by up to one year in county jail, fines, and probation.
Felony charges: Serious cases, like criminally negligent manslaughter involving gross negligence, can be charged as felonies. Felony penalties could include multiple years in state prison and long-term probation, and steep fines.
Restitution: Courts often order defendants to pay restitution to victims for medical bills, property damage, or other losses resulting from their negligent actions.
Driver’s license consequences: If your criminal negligence involved a vehicle, you may face suspension or revocation of your driver’s license.
Professional repercussions – Certain cases may impact professional licenses or certifications, particularly when negligence occurs in a medical, legal, or regulated field.

Criminal penalties vary depending on the individual’s prior criminal history, the extent of the harm caused, and other aggravating or mitigating factors. Your criminal defense attorney can help minimize these consequences through negotiation or by challenging the evidence.

Common Defenses Against Criminal Negligence Charges

Every criminal defense must be built around the specific facts of the case. At the Law Offices of Justin E. Sterling, we focus on providing personalized legal representation and custom-made defenses tailored to your circumstances.

Our team focuses on finding the weaknesses in the prosecution’s evidence and using them to your advantage. Here are some of the most common legal strategies to counter criminal negligence charges:

No duty or breach: We challenge the idea that you owed a legal duty or that your actions fell below a reasonable standard of care. If the prosecution can’t prove that a defendant acted negligently, they may not have a case.
Accident or unavoidable event: We show that an incident was truly accidental or occurred despite reasonable care.
No direct causation: We examine whether something else caused the harm. When causation breaks down, so does the criminal case against you.
Conduct by others: We highlight when another person’s actions contributed to the outcome, which can reduce or eliminate your responsibility.
Procedural or evidence problems: We review every part of the investigation and evidence handling. If police made errors, coerced statements, or mishandled proof, we fight to have that evidence excluded.

The Law Offices of Justin E. Sterling approach every criminal negligence case with the same goal: to protect your rights, dismantle the prosecution’s arguments, and work toward the best possible result. From the first consultation, we build a strategy focused on your defense — not just the documents in your case file.

Steps to Take If You Are Charged with Criminal Negligence

Being accused of a crime is a frightening experience. Taking the right steps early can protect your rights, preserve crucial evidence, and potentially result in reduced penalties. Here’s what to do:

Hire a criminal defense attorney: Don’t speak to investigators without legal counsel. Contact the Law Offices of Justin E. Sterling as soon as possible. We can communicate with the prosecution and protect your rights from the start.
Keep any evidence: Keep records, photographs, or documents related to the charges. Avoid altering or destroying anything that could be important for your defense.
Limit communication: Do not discuss the case with others, including on social media. Anything you say (including on social media or to friends and family) can be used against you in court.
Follow legal instructions: Attend all court appearances and comply with any pretrial requirements. Missing deadlines or disobeying orders can harm your case.
Collect witness information: If anyone witnessed the incident, record their contact information. We can interview them and evaluate their testimony for your defense.

Being proactive demonstrates responsibility and helps your attorney develop a strong defense strategy. Waiting too long or mishandling evidence can limit your options.

Charged With Criminal Negligence in California? Talk to Our Legal Team Today

The Law Offices of Justin E. Sterling is a respected criminal defense law firm handling complex criminal negligence cases throughout California. Contact our office today to learn how we can protect your rights and guide you through the legal process.