Negligent Homicide Definition – A Defense Attorney Explains

Negligent homicide is defined as a crime where you commit some act of criminal negligence, and the act results in the killing of another person. While state laws slightly vary on the definition of “criminal negligence,” it is generally viewed as conduct where a person

• ignores a known or obvious risk or
• disregards the life and safety of others.

An example of negligent homicide is leaving a Pitbull with a history of attacks off-leash and the animal kills a person.

Most state laws say that negligent homicide is a felony offense (as opposed to a misdemeanor) punishable by:

• a prison sentence of several years, and/or
• substantial fines.

Note that criminal defense attorneys often draw upon several legal strategies to help defendants challenge negligent homicide charges. A few common ones include showing that:

• a defendant killed someone while acting in self-defense,
• the “victim” was killed on accident, and
• there is not sufficient evidence to support a guilty verdict.

1. What is the crime of negligent homicide?

You commit the offense of negligent homicide if you:

1. commit some act of criminal negligence, and
2. the act results in another person’s death.¹

In general, “criminal negligence” is where you disregard some obvious risk or the safety of others. Note, though, that state criminal laws vary on the precise definition of the term.

For example, under Arizona law, “criminal negligence” is when a person fails to recognize the substantial and unjustifiable risk that his/her conduct will cause the death of another person.²

Although similar in nature, California law sets forth a slightly more involved definition. Per this state’s law, “criminal negligence” is more than just ordinary negligent behavior, carelessness, inattention, or mistake in judgment. It occurs when:

• a person acts in a reckless way that creates a high risk of death or great bodily injury, and
• a reasonable person would have known that acting in that way would create such a risk.³

2. What are some examples of negligent homicide?

Examples of criminally negligent homicide include when you cause the death of another person after:

• texting while driving a motor vehicle at top speeds in a crowded neighborhood,
• firing a deadly weapon in the air at a crowded celebration,
• leaving a child in an unattended car in hot weather, and
• swiping at a person’s hand while he/she is holding a loaded gun.⁴

Also consider the situation where, during a heated altercation with her husband, a woman retrieves a loaded gun and waves it at him. The gun accidentally fires, killing the husband. Here, the woman would face a negligent homicide charge. She engaged in a reckless act that caused her husband’s death.

Note as well that most states say that negligent homicide is fundamentally the same criminal offense as involuntary manslaughter. For example, Florida law states that you will face involuntary manslaughter charges if:

1. you acted with a disregard for human life while engaging in wanton or reckless behavior, and
2. your act or actions caused the death of a human being.⁵

3. Can you raise a legal defense in negligent homicide cases?

Yes. You can challenge a criminal charge of negligent homicide with a legal defense.

Some common defenses include showing that:

• you acted in self-defense,
• the “victim” was killed on accident, and
• there is insufficient evidence to establish guilt.

As to self-defense, most states accept this defense provided that you:

1. had a reasonable belief that an aggressor posed an immediate threat, and
2. inflicted no more force than necessary to resist the aggressor’s threat.⁶

Further, accident works as a defense provided that you:

1. had no criminal intent to do harm,
2. were not acting with criminal negligence at the time of the accidental killing, and
3. were otherwise engaged in lawful activity at the time of the accident.⁷

Note that you should consult with a skilled defense attorney in negligent homicide cases. A defense lawyer can help provide legal advice as to how to raise the best defense.

Most attorneys and law firms provide free consultations, which means you can get your legal questions answered for free.

Further, most communications with a defense lawyer are protected by the attorney-client relationship. This means an attorney cannot disclose your communications without your consent.

4. Is negligent homicide the same crime as vehicular homicide?

While the offenses are similar, negligent homicide and vehicular homicide or vehicular manslaughter are two distinct criminal cases.

Most states say that you will face a criminal charge of vehicular homicide if you:

1. drive a motor vehicle in a reckless manner, and
2. thereby cause an accident that kills another person.⁸

As with negligent homicide, vehicular manslaughter is a felony offense with criminal liability including several years in state prison.

For additional discussion, please see our page on the sentencing for negligent homicide.

Additional reading

For more in-depth information, refer to these scholarly articles:

• Criminal Law – Motor Vehicles – A Driver Arrested for Negligent Homicide Has No Right to Refuse a Chemical Test Administered to Determine Alcoholic Blood Content and No Statutory Right to Be Given Notice of the Right to Have an Additional Blood Test Performed – Gonzaga Law Review.
• Negligent Homicide Prosecutions Stemming from Child Passenger Restraint Infractions: A Limit to Prosecutorial Discretion – Wayne Law Review.
• The Reckless Tolerance of Unsafe Autonomous Vehicle Testing: Uber’s Culpability for the Criminal Offense of Negligent Homicide – Journal of Law, Technology & the Internet.
• Intentional or Negligent Homicide? Evidence for Juror Decision Making – Psychological Reports.
• Aiding and Abetting Involuntary Manslaughter and Negligent Homicide: An Unprincipled Extension of Principal Liability – Army Law.