›››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
Interviewer: They probably can characterize it as a two thousand pounds of metal moving at 80 miles an hour as a dangerous instrument.
Munoz: And that’s exactly what the state argues. The next step down from there is a charge called negligent homicide and that’s a different mental state they have to prove that the defendant did when they caused the death. Rarely does the state charge negligent homicide. They usually charge manslaughter or second degree murder. Negligent homicide, they have to show criminal negligence that somebody committed through killing somebody. They just rarely charge it, that’s just something they really don’t do. Criminal negligence kind of has a vague definition and it’s rarely, rarely used.