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What Constitutes Criminally Negligent Homicide in Wyoming?

By stladmin on June 15, 2024

If the police question you about any type of crime, don’t say anything unless your attorney is present. Anything you say could have drastic consequences—it might even cost you your freedom. So, it’s particularly important to have a lawyer by your side if the police are questioning you about an incident where someone has been seriously injured or killed.

What Is Negligent Homicide in Wyoming?

Homicide is an act that causes the death of another person. In Wyoming, criminally negligent homicide is legally defined as causing the death of another person through criminal negligence. This means the defendant failed to recognize a substantial and unjustifiable risk, and their actions or inaction resulted in the death of another person.

The law considers criminally negligent homicide to be a significant deviation from the standard of care that a reasonable person would exercise in the same circumstances. Criminal negligence involves specific elements that distinguish it from other forms of negligence:

1. There must be a substantial and unjustifiable risk inherent in the act or omission that led to the death.
2. This risk must be of such a nature that a reasonable person would recognize it as significant and unjustifiable.
3. The defendant’s failure to perceive this risk represents a gross deviation from the standard of care that a typical person would exercise in the same situation.

Scenarios That May Be Prosecuted as Criminally Negligent Homicide in Gillette

Unlike intentional homicide, where there is a clear intent to kill, criminally negligent homicide hinges on the lack of awareness of the risk coupled with actions that deviate grossly from acceptable behavior. In Wyoming, criminally negligent homicide is a misdemeanor offense that is punishable by up to a year in prison and fines up to $2,000.

One common scenario that illustrates criminally negligent homicide is the careless handling of a firearm. For example, if an adult leaves a loaded gun unattended in a place accessible to children and a child causes a fatality by discharging the firearm, the adult could be charged with criminally negligent homicide. In this case, the substantial and unjustifiable risk is clear – a loaded firearm poses a significant danger, especially in the presence of children.

Another tragic example of criminally negligent homicide is leaving a child unattended in a hot car. During warmer months, the interior temperature of a car can rise rapidly, creating a lethal environment in a very short time. If a caregiver leaves a child in such conditions, even for a brief period, and the child succumbs to heatstroke, the caregiver may face charges of criminally negligent homicide. The substantial and unjustifiable risk here is the known danger of high temperatures within a car.

Aggravated homicide by vehicle is a separate offense from intentional homicide in Wyoming. If a driver is found to be under the influence of drugs or operating a vehicle in a reckless manner and their actions cause the death of another person, it may be prosecuted as a felony offense that carries up to 20 years in prison.

Common Legal Defenses Against Criminally Negligent Homicide

A Campbell County criminal defense attorney plays a crucial role in mounting an effective defense against charges of criminally negligent homicide. From the outset, the lawyer conducts a thorough investigation into the circumstances of the case, gathering evidence, interviewing witnesses, and consulting with experts as needed. They analyze the prosecution’s evidence to identify weaknesses and inconsistencies. Defense attorneys also negotiate with prosecutors to seek reduced charges or favorable plea deals when appropriate.

When facing criminally negligent homicide charges, there are several strong legal defense strategies your lawyer may use. One primary defense is the lack of negligence. If it can be demonstrated that the accused exercised reasonable care and did not fail to perceive a substantial risk, the charges may be dropped.

A Gillette homicide defense attorney might argue that external factors beyond the defendant’s control contributed to the fatality. Demonstrating that the death was a tragic accident without criminal negligence can be crucial. Mistaken identity is also a potential defense, where evidence may argue that someone else was responsible for the negligent act.

Speak with a Violent Crimes Defense Lawyer in Gillette Today

When you call Steven Titus & Associates, P.C., our attorney will pick up the phone at any time of day or night! As a former public defender, Steven Titus knows the ins and outs of the Gillette criminal justice system. He will find the best strategy to get the charges against you dropped or reduced.

Call (307) 257-7800 to schedule your FREE consultation with our Gillette violent crime defense lawyer.