Negligent Homicide

Every death is a tragedy. When those tragedies are further complicated by criminal charges or a legal investigation, turn to the Bobby Digby Law Firm for an attorney who will fight for you. Bobby is an experienced trial lawyer who takes the time to understand his clients’ cases and never settles for rotten plea bargains or takes the easy way out. 

What is Negligent Homicide?

Sometimes called “involuntary manslaughter,” negligent homicide means that one party’s negligence or lack of care caused the death of another person without any malice or ill intent. This means that a negligent homicide charge can arise even – and especially – when the death caused was a complete accident. If a prosecutor can establish that a person’s neglect or lack of care caused the death of someone else, he or she can charge that person with negligent homicide.

Negligent homicide charges can arise from a death caused by a person driving while intoxicated, children unintentionally left in hot cars, deaths resulting from physical altercations, and other tragic situations. We often think of negligent homicide or involuntary manslaughter in connection with illegal activities, but negligent homicide in Arkansas can include legal activities undertaken irresponsibly or in which a person has acted criminally negligent.

What is Required to Prove Negligent Homicide?

Every negligent homicide case is unique; it is impossible to explore every possibility here.  If you have questions related to a specific case, call the Bobby Digby Law Firm to get answers and help in your defense. Generally speaking, prosecution for negligent homicide requires proof that:

• The defendant was aware of the risks of their action or inaction that led to the other person’s death. This means that a defendant must have known that by taking an action or that by failing to take an action they could be causing harm or death.
• The defendant’s action or inaction caused the other person’s death. This negligence in action or inaction does not have to be intended to cause a death, but the action or inaction involved in the case must be considered criminally or grossly negligent. That means the defendant acted outside of a reasonable person’s estimation of the danger of their behavior.
• The defendant’s conduct is directly linked to the death of another person. A death must be reasonably and directly linked to the action or inaction of the defendant. Just because a death occurred while a person was in the defendant’s care or was relying on the defendant for safety does not mean the case is a negligent homicide.
• The case can be proven beyond a reasonable doubt. A jury and/or judge will decide the case based on a prosecutor’s and defense attorney’s arguments of the facts of the case. The prosecutor must establish each part of the case beyond a reasonable doubt or the defendant must be acquitted.

Negligent Homicide – Punishment for Conviction

If you are convicted of negligent homicide, you could face:

• A felony or misdemeanor charge. Negligent homicide in Arkansas is a Class A Misdemeanor, generally speaking. If, however, a motorist was operating a vehicle under the influence of drugs or alcohol, the charge can climb to a Class B Felony.
• Fines and fees. On top of court costs, misdemeanor negligent homicide convictions come with fines of up to $2,500. Felony negligent homicide convictions, on the other hand, can carry fines of up to $15,000.
• Jail time. Misdemeanor negligent homicide convictions carry a maximum jail sentence of one year while felony negligent homicide convictions can result in jail sentences from five to twenty years!
• License revocation, if applicable. If the alleged negligent homicide occurred during a vehicle accident, both types of negligent homicide come with a license revocation of one year.

You Need an Experienced Criminal Defense Attorney

Bobby Digby will fight to protect your rights and defend your case. If you or someone you know is facing a negligent homicide charge, the stakes are high! Contact us today for an initial consultation and help charting your course to a successful defense.