›››The following content is an excerpt from a live interview with Richard Jacobs founder of my DUI Attorney dot org. The interview has been transcribed and contains information for educational purposes only. Please call Michael Munoz to get legal advice for your particular situation
Munoz: The next step down from there is a charge called negligent homicide and that’s a different mental state the state has to provel that the defendant had when they caused the death. Rarely does the state charge negligent homicide. They usually charge manslaughter or second degree murder.
To claim negligent homicide, the state has to show criminal negligence that somebody committed through killing somebody. They rarely charge it, I believe, because criminal negligence has a vague definition and it’s rarely, rarely used.