Negligent Homicide
Arkansas Homicide Defense
Negligent homicide is the least serious homicide offense under Arkansas law. It applies when a person's criminal negligence causes another person's death. Enhanced penalties apply when the death results from intoxicated driving.
Negligently cause the death of another person
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Criminal negligence occurs when a person should be aware of a substantial and unjustifiable risk that a death could occur but fails to perceive that risk.
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The failure to perceive the risk must constitute a gross deviation from the standard of care that a reasonable person would observe in the same situation.
Cause a death while operating a vehicle, aircraft, or watercraft while intoxicated
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Recklessness (manslaughter) means the person is aware of a substantial risk and consciously disregards it.
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Criminal negligence (negligent homicide) means the person fails to recognize a substantial risk that they should have recognized.
Because negligent homicide involves a lower level of culpability than manslaughter, it is generally treated less severely.
In Practice
Conduct that may constitute negligent homicide
Examples
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Accidentally discharging a firearm because of careless handling.
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Leaving a young child in a dangerous situation that results in death.
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Failing to follow critical safety procedures when a death results.
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Causing a fatal traffic collision while driving intoxicated.
Short Version
Negligent homicide occurs when a person's carelessness rises to the level of criminal conduct and causes someone's death. Unlike murder or manslaughter, the defendant does not intend to kill and may not even recognize the danger they created. The offense is based on a failure to perceive a serious risk that a reasonable person would have recognized.
What You're Facing
Penalties
Class B Felony
5 – 20 years in prison
Causing a death while operating a vehicle, aircraft, or watercraft while intoxicated (DWI).
Class A Misdemeanor
Up to 1 year in jail
Negligently causing a death under circumstances not involving the intoxicated-operation provisions.
Short Version
Negligent homicide occurs when a person's carelessness rises to the level of criminal conduct and causes someone's death. Unlike murder or manslaughter, the defendant does not intend to kill and may not even recognize the danger they created. The offense is based on a failure to perceive a serious risk that a reasonable person would have recognized.
Arkansas homicide comparison
Where It Fits
Capital Murder
Premeditated, deliberate, or specified aggravated circumstances
Death or Life Without Parole
First Degree Murder
Purposeful killing or felony murder
10–40 years or Life
Second Degree Murder
Knowing conduct or intent to cause serious injury resulting in death
6–30 years
Manslaughter
Recklessness or extreme emotional disturbance
3–10 years
Negligent Homicide
Criminal negligence
Up to 1 year (or 5–20 years if DWI)
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