Elements of Negligent Homicide

Unlike other forms of homicide, negligent homicide can be a bit more complicated due to the large gray area for what can be considered negligent action and therefore more difficult to understand. While negligent homicide is the form of homicide that carries the lowest gravity, the criminal consequences associated with it can include two years in prison and fines up to $10,000. As a result, if a person is charged with negligent homicide, it is imperative that they understand the aspects of the criminal charge so that they can be prepared to build a legal defense.

What Constitutes Negligent Homicide

To prove negligent homicide, the prosecution must be able to show that the defense was responsible for three separate elements:

  • The first element that must be shown is that the accused committed an act or failed to react to a dangerous situation. The defense must be shown that through their action or inaction that a victim died.
  • The second element is that the person charged was aware of the risks associated with said action.
  • Finally, the prosecution must definitively show that there exists a direct causation to the death of the victim from the defendant’s action.

For example, if a person failed to call emergency services after witnessing their friend fall off a high cliff and that friend later died, as a result, the witness can be charged with negligent homicide. The situation satisfies the first and third element as the accused clearly through their inaction to notify help inevitably lead to the death of the friend. Concurrently, any reasonable person is aware that a fall from a high cliff can be potentially life threatening and help should be called, thus fulfilling the second element.

Contact a Frisco Negligent Homicide Attorney

If you or someone you know has been charged with negligent homicide, you must act fast and find legal representation immediately to maximize your chances of a successful case. At Alexander & Associates, our attorneys are dedicated to providing legal advice to our clients who are charged with negligent homicide and guiding them throughout the court process. Contact our office at (972) 420-6570 to learn more about how we can assist you in your negligent homicide case.