When is an Accident a Defense to Criminal Charges?
When someone is charged with a crime, prosecutors typically need to demonstrate that the defendant had the intent to commit the crime or a specific intent to perform the act.
In other cases, they must show that the defendant behaved with criminal negligence, which involves acting with a reckless disregard for the safety of others.
In some cases, an accident can serve as a legal defense to a criminal charge. This means the defendant might argue that their actions were unintentional.
To succeed with this defense, the defendant must prove they lacked criminal intent, did not act with criminal negligence, and were acting lawfully at the time of the accident.
Defendant Did Not Act With Criminal Intent
The term "accident" provides a legitimate defense because it indicates the defendant did not act with the necessary specific intent or criminal negligence.
A common example is when a spouse is unintentionally harmed during a domestic violence incident involving her husband.
Depending on the situation, this can lead to reduced charges or outright acquittal. The core element of the mistake defense challenge is the intent to commit the crime.
Essentially, if an incident was accidental, it couldn't have been committed intentionally. Most crimes are committed intentionally, meaning the perpetrator intended to commit the crime. An accident defense can demonstrate that the alleged crime was not intentional.
What Exactly is the Accident Defense Law?
In California, the accident defense applies to numerous criminal charges and is successful if the defendant proves that:
- They did not intend to cause harm.
- They were not engaging in criminal negligence, and
- They were acting within the law at the time of the offense.
If someone is charged with criminal negligence, the prosecutor must prove these two elements to obtain a conviction:
- The defendant behaved recklessly, significantly increasing the risk of death or serious injury, and
- A reasonable individual would have recognized that the defendant's conduct could pose such a risk.
An accident defense can demonstrate that the defendant was not criminally negligent. Criminal negligence involves the defendant being aware of the danger and their conduct exceeding a mere mistake or accident.
The Significance of Criminal Intent
Most criminal offenses consist of two key parts defined by their legal terms: 'mens rea' and 'actus reus.'
The 'mens rea' refers to the mental state necessary when committing the crime, while the 'actus reus' is the defendant's physical act of committing it.
Typically, to secure a conviction, both a criminal mental state and conduct are required. Without the element of intent in a criminal charge, the defense of accident becomes less credible and may not be applicable.
"Intent" refers to a person's purposeful action in a criminal case. It is frequently the most debated point, and different methods can establish an individual's intent.
This can be shown through the defendant's actions, statements, or witnesses' observations or experiences. The facts and circumstances here can support a finding that it was an accident.
Eligible Crimes for an Accident Defense
To successfully use an accident as a legal defense, the defendant must prove all of the above beyond a reasonable doubt. This defense can apply to certain common crimes, including:
- homicide,
- murder,
- domestic violence,
- assault,
- shoplifting, and
- destroying or concealing evidence.
An accident can serve as a legal defense in cases of intentional crimes because it demonstrates that the defendant did not act intentionally, but rather due to misfortune.
Similarly, in cases involving intent, an accident can also be used to argue that the defendant was not negligent.
For some crimes, proving intentional action isn't necessary; instead, the prosecution must establish that the defendant acted with criminal negligence.
Someone acts with criminal negligence if they perform an act with a wanton or reckless disregard for human life. An accident could also serve as a defense, as it shows the defendant's actions were unintentional and not reckless.
Defendant Was Acting Lawfully Requirement
To successfully use an accident defense, a defendant must have been acting within the law at the time of the incident.
They cannot claim an accident if their actions were illegal. For example, if someone is committing an armed robbery and accidentally discharges their gun, breaking a window during the crime.
If the defendant is later charged with property destruction for breaking the window, he cannot claim an accident defense by asserting he accidentally pulled the trigger that caused the window to break.
Being engaged in a crime at the time of the property damage prevents him from successfully using an accident defense.
California Jury Instructions
When a jury hears a case, it receives instructions on the law and its responsibilities.
In California, the jury instruction for defending against an accident accusation is CALCRIM 3404, which explains that "The defendant is not guilty of the alleged crime if he or she acted or failed to act without the intent necessary for that crime, but instead acted by accident."
If the jury believes the accident eliminated the defendant's intent, they may find the defendant not guilty. The defense of accident can help reduce or dismiss charges, potentially helping the defendant avoid jail time and a criminal conviction.
Through prefiling intervention, which is negotiation with the prosecution and law enforcement, we might be able to convince the prosecutor or filing deputy from file formal criminal charges before the first court appearance, known as a "DA reject."
For a case consultation, contact the California criminal defense lawyers at Cron, Israels & Stark.