Whenever an accident results in a fatality, there is always a possibility that criminal charges will be filed against the negligent party. According to Maryland law, it is against the law to cause the death of another person while operating a motor vehicle if the person who caused the death was “criminally negligent.”
What’s the difference between civil negligence and criminal negligence in Maryland?
In Maryland, as in many other jurisdictions, there are differences between civil negligence and criminal negligence.
Civil negligence occurs when someone fails to exercise the level of care that a reasonable person would in similar circumstances, and this failure results in harm or injury to another person. In civil cases, the injured party (plaintiff) can seek compensation for damages caused by negligence through a lawsuit. This compensation may include medical expenses, lost wages, pain and suffering. Civil negligence cases are typically handled in civil court.
Criminal negligence, on the other hand, involves a higher degree of negligence that rises to the level of a crime. In Maryland, criminal negligence is often associated with reckless behavior or actions that demonstrate a gross deviation from the standard of care that a reasonable person would observe. Criminal negligence can result in criminal charges, such as manslaughter or negligent homicide, depending on the severity of the consequences. These charges are prosecuted by the state, and if convicted, the individual may face penalties such as imprisonment, fines, probation, or other consequences.
While civil negligence is typically addressed through civil lawsuits to recover damages, criminal negligence involves conduct that is considered so reckless or careless that it is deemed criminal and can lead to criminal charges and penalties like fines and jail time.
An example of criminal negligence might involve a situation where a person operates a vehicle under the influence of alcohol or drugs, causing a fatal accident. Here’s how that might unfold:
- Duty of care: Every driver has a duty to operate their vehicle safely and responsibly, which includes refraining from driving under the influence of alcohol or drugs.
- Breach of duty: By choosing to drive while impaired, the driver breaches their duty of care to others on the road. Operating a vehicle under the influence is a clear deviation from what a reasonable person would do in similar circumstances.
- Causation: The impaired driver’s actions directly contribute to a fatal accident, resulting in the loss of life.
- Criminal consequences: In this scenario, the driver’s conduct goes beyond mere negligence; it constitutes criminal negligence. Depending on the specific circumstances and the laws of the jurisdiction, the driver may be charged with offenses such as vehicular manslaughter, negligent homicide, or other related charges.
For someone convicted of criminal negligence in Maryland, the consequences can be severe, including imprisonment, fines, license suspension or revocation, mandatory participation in alcohol or drug treatment programs, and other penalties.
What are some potential defenses to criminal negligence charges?
Potential defenses to criminal negligence charges can vary depending on the circumstances of the case. Here are some common defenses we might raise:
- Lack of causation: I could argue that the defendant’s actions were not the direct cause of the harm or injury alleged. If there were other factors that contributed more significantly to the outcome, I’ll point those out.
- Lack of criminal intent: If the offense requires proof of criminal intent or recklessness, then the other side has to prove beyond a reasonable doubt that you intended to commit a crime. My goal is to show that you didn’t intend to hurt anyone.
- Reasonable conduct: I could assert that your actions were reasonable under the circumstances or that you acted as a reasonable person would have in similar circumstances. This defense challenges the prosecution’s assertion that your conduct constituted criminal negligence.
- Emergency situation: if you, for example, had a heart attack behind the wheel and you crashed into another car? That’s an emergency. Any emergency situation may require exceptional behavior, and we can make that case if applicable.
- Alibi: Were you in the passenger seat? Did you loan someone your car? Did the cops bag the wrong person entirely? If you’ve got an alibi, we’ll present it.
- Insufficient evidence: We may also argue that the prosecution has failed to present sufficient evidence to prove the elements of criminal negligence beyond a reasonable doubt, leading to an acquittal.
- Violations of law by police. No matter what happened, my team and I will fight tooth and nail to ensure that none of your rights were violated. If they were, we’ll make every effort to have the so-called evidence against you thrown out of suppressed.
The effectiveness of these defenses can vary depending on the specific facts of the case. Consulting with an Annapolis criminal defense attorney like me could help. I can evaluate the available defenses and develop an appropriate strategy is critical.
Practicing criminal law is not for the faint of heart. At Drew Cochran, Attorney at Law, we provide aggressive representation to criminal defendants in Annapolis and throughout Maryland. If you were involved in a fatal accident and may be facing charges of criminal negligence, call or contact us today. I have offices in Annapolis and Ellicott City.
And remember — Keep Calm and Call Drew.
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