Negligent Homicide Defense
Class B Felony or Class A MisdemeanorArk. Code Ann. § 5-10-105Up to 20 Years (DWI) or Up to 1 Year
Overview
Understanding the Charge
Negligent homicide is the least serious homicide offense under Arkansas law. It applies when a person's criminal negligence — failure to perceive a substantial and unjustifiable risk that a reasonable person would have recognized — causes another person's death. DWI-related fatalities carry significantly enhanced penalties.
What the State Must Prove
- Negligently causing the death of another person
- Causing a death while operating a vehicle, aircraft, or watercraft while intoxicated (DWI)
- Examples: accidental discharge of a firearm through careless handling; fatal collision while intoxicated; leaving a young child in a dangerous situation
- Criminal negligence is a lower mental state than recklessness — the defendant fails to perceive the risk rather than consciously disregarding it
Penalties On Conviction
DWI Fatality
Class B Felony — 5 to 20 years
Non-DWI
Class A Misdemeanor — up to 1 year
License Revocation
Mandatory in DWI cases
How We Defend Negligent Homicide Cases
Challenge the BAC
Blood draws, breath tests, and chain-of-custody errors can suppress intoxication evidence.
Causation
If another driver, condition, or intervening cause produced the death, the State cannot meet causation.
Mechanical Failure
Brake failure, tire defects, and road conditions are full defenses.
Accident Reconstruction
Independent reconstruction often contradicts the State's narrative of fault.
Why Experience Matters
These cases are technical — toxicology, biomechanics, crash reconstruction. We retain the right experts and challenge every step of the State's evidence. A negligent-homicide conviction is life-changing; we defend accordingly.
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Charged With Negligent Homicide in Arkansas?
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