29 Jul What Is Criminal Negligence?
Criminal negligence refers to a blatant disregard for another person’s life or the safety of oneself and others. Legally, your actions—or inaction—can be considered criminally negligent if another person becomes injured or dies as a result. Negligence can impact your charges, the way your attorney builds your defense, and even your sentence if you’re convicted.
Criminal negligence means failing to act with the same care that another person would have used in the same situation. To prove criminal negligence, the prosecution must show that:
- The defendant acted recklessly, creating a high risk of death or bodily injury.
- The defendant knew (or should have known) that their actions were dangerous, but disregarded the risks.
Examples of Criminal Negligence in Arizona
Hazing recruits in a college or work setting.
Criminal hazing, which includes forcing recruits to do dangerous things, or tampering with someone’s food or drink as a joke, is a class 1 misdemeanor, with a maximum sentence of 6 months and up to $2,500 in fines.
Driving 20 mph over the posted speed limit.
Excessive speeding in Arizona can have you facing up to $500 in fines, 30 days in jail, and one year on probation under a class 3 misdemeanor. This charge will also add three points to your driving record, and could lead to the suspension of your license.
Setting off fireworks near flammable objects.
In Arizona, lighting fireworks near dry brush, grasses, or homes is known as reckless burning. The charges can range from a misdemeanor to a felony, depending on the level of damage caused.
Leaving an infant unattended or abandoning them in an unsafe place.
In Arizona leaving an infant in unsafe conditions qualifies as child abandonment and neglect. Violating Arizona’s Safe Haven Laws can land you fines of up to $2,500 and three years in prison.
Dropping objects from an overpass.
This reckless act can be especially dangerous, even when there’s no traffic. You could be charged with felony criminal damage, with prison time and high fees determined by the class of felony charged.
How Does Criminal Negligence Affect Your Charges in Arizona?
In cases of criminal negligence—especially if someone has been injured—judges will typically push for harsher sentencing. It is up to the judge to decide on the sentence. But in cases demonstrating a blatant disregard for the welfare of other people, the judge often chooses to impose the maximum sentence.
For example, for a first offense with no aggravated circumstances, you would be charged with a class 6 felony. Convictions carry a minimum prison sentence of four months, with the maximum set at more than five years. In cases involving a death, a charge of negligent homicide is the norm. In Arizona, this is a class 4 felony, with a prison sentence of one to fifteen years.
The Right Defense Lawyer Can Help You Beat Criminal Charges
Facing criminal charges is never a walk in the park. To beat them, you need to fully understand the Arizona justice system, be willing to work hard on building a strong defense, and be able to evaluate what the best possible outcome for a case might be. That is where hiring a certified criminal attorney comes in.
Todd Coolidge has over 25 years of experience defending criminal cases in the Arizona court system, and he understands the impact a conviction can have on your life. If you want to secure a better chance of beating your charges, contact us today for a consultation on your case.
Images used under creative commons licence – commercial use (7/29/24).Photo by Aditya Chinchure on Unsplash.