Criminal Negligence

In civil law, the doctrine of negligence is the bread and butter of almost every personal injury lawsuit. Typically, four criteria must be proven for a civil negligence case to be valid: that a duty of care exists, that the duty was breached, that injury was suffered specifically because of the breach, and that actual damages occurred.

The test for criminal negligence is similar. Negligence is one of the types of “mens rea” – or criminal intent – necessary to prove that a crime has been committed. If you or someone you know has been accused of criminal negligence, contact San Jose criminal defense attorney Daniel Jensen today at 408-296-4100.

The Reasonable Person Standard

The basis of a criminal negligence claim relies on the “reasonable person standard.” A person is behaving negligently if they commit an action unaware of the potential risk it may expose others to, but where a reasonable person would know that the risk would occur. In general, the more obvious the potential risk, the more severe the claim of negligence may be. There is considerable debate as to whether or not the reasonable person standard should be applied to certain groups of people, such as children or those with a mental disability.

Contact Us

If you or someone you know has been accused of a crime, it is important that you contact an experienced San Jose criminal defense lawyer today. The offices of Daniel Jensen, at 408-296-4100, will work to ensure that you receive the most effective defense available, and will fight to preserve your rights.