C.G.S. § 53a-58 – Criminally Negligent Homicide

Arrested or under investigation? Call 203-357-5555 or use the Contact page for a free, confidential consultation.

Overview

Criminally negligent homicide applies when someone, through criminal negligence, causes the death of another person. This is not an “accident with no one at fault,” and it’s also not the same as reckless manslaughter. The State must prove a specific legal standard of negligence that is much higher than ordinary carelessness. It’s a Class A misdemeanor (up to 1 year in jail and a $2,000 fine), but the stakes are enormous because a conviction carries lifelong consequences.

What the Prosecutor Must Prove

To convict under § 53a-58, the State must prove beyond a reasonable doubt that:

1. You caused the death of another person; and
2. You did so with criminal negligence — meaning you failed to perceive a substantial and unjustifiable risk that death would occur, and that failure was a gross deviation from what a reasonable person would do in the same situation.

Key Distinctions

• Criminal negligence = failed to perceive a major risk (gross deviation).
• Recklessness (Manslaughter 2nd) = consciously ignored a major risk.
• Ordinary negligence (civil) = simple carelessness; not enough for a crime.

Penalties

• Class A misdemeanor
• Jail: up to 364 days
• Fine: up to $2,000
• Probation: possible, often with strict conditions (treatment, community service)
• Collateral impacts: immigration, employment/licensing, insurance/civil exposure

Common Real-World Scenarios

• Unsafe storage of a firearm where a child gains access and a fatal discharge occurs.
• Construction/DIY hazards (improperly shored trench, removed safety devices) leading to a fatality.
• Failure to render obvious aid where a person in your care is in clear medical distress and you ignore a substantial risk with tragic results.

Motor-vehicle context: deaths involving cars are often charged under Misconduct with a Motor Vehicle (§ 53a-57) or Manslaughter 2nd with a Motor Vehicle in DUI scenarios. Prosecutors decide charging based on impairment evidence and driving behavior.

Illustrative Case Examples Case 1 — Unsecured Firearm (Fits § 53a-58)

A handgun is left loaded on a coffee table during a party with children present. A child picks it up and a fatal shot occurs.Why it fits: A jury could find a substantial and unjustifiable risk that any reasonable adult would perceive; leaving the gun accessible is a gross deviation.

Case 2 — Removed Safety Guard (Fits § 53a-58)

A homeowner removes the blade guard on a power saw and asks an inexperienced friend to help cut lumber; the friend sustains a fatal injury.Why it fits: Disabling a core safety feature can be a gross deviation from ordinary care.

Case 3 — Ignoring Obvious Medical Distress (Fits § 53a-58)

A caregiver notices repeated vomiting, confusion, and labored breathing after a head injury but refuses to seek medical help for hours; the person dies.Why it fits: Failure to perceive the substantial risk of a brain bleed may be criminally negligent depending on the proof.

Case 4 — Sudden, Unforeseeable Medical Event (Does Not Fit)

A driver with no history of problems suffers an unexpected seizure and fatally crashes.Why it doesn’t: If truly unforeseeable, there may be no gross deviation from reasonable care.

Case 5 — Compliant Worksite With Proper Safety (Does Not Fit)

A workplace fatality occurs despite documented training, working safety gear, and code-compliant procedures.Why it doesn’t: Tragic outcomes alone don’t establish criminal negligence without proof of a gross deviation.

Key Defense Angles We Use1) No “Gross Deviation.”

We demonstrate that, at most, the facts show ordinary negligence (a civil matter), not the heightened criminal standard.

2) Causation & Foreseeability.

We challenge whether your conduct actually caused the death and whether the risk was substantial and unjustifiable (intervening/superseding causes, unforeseeable medical events).

3) State-Of-Mind Proof.

The statute hinges on what a reasonable person would perceive under your specific circumstances. We develop evidence of training, warnings given, safety steps taken, and conditions you reasonably believed existed.

4) Expert Testimony.

Accident reconstruction, human-factors, medical, and industry-standard experts often make or break these cases.

5) Statements & Procedure.

We scrutinize your statements, the scene processing, and whether investigators made assumptions inconsistent with the physical evidence.

How These Cases Move Through Court

1. Arraignment: bail terms and protective orders (where applicable).
2. Discovery & investigation: scene photos, 911, body-cam, expert review.
3. Motions: suppress statements, exclude unreliable expert methods, contest causation.
4. Negotiations vs. trial path: mitigation (counseling, training, restitution) can reduce exposure.
5. Disposition: diversion is rare for death cases, but charge reductions or probationary outcomes may be possible depending on facts and history.

Related Offenses

• § 53a-56 – Manslaughter in the Second Degree
• § 53a-57 – Misconduct with a Motor Vehicle
• § 53a-61 – Assault in the Third Degree (non-fatal injury context)
• § 53a-60d – Assault 2nd with a Motor Vehicle (DUI)
• Civil Wrongful Death (separate civil remedy)

FAQsIs an Accident Automatically a Crime?

No. The State must prove criminal negligence — a gross deviation from reasonable care — not just a tragic mistake.

What’s the Difference Between This and Manslaughter 2nd?

Manslaughter 2nd involves recklessness (consciously ignoring the risk). § 53a-58 is criminal negligence (failing to perceive the risk).

Can I Get Probation for § 53a-58?

It’s possible, depending on the facts and your record. Courts weigh remorse, responsibility, and risk to the community.

What if Multiple People Made Mistakes?

Shared fault can complicate causation. We analyze whether other actors or events broke the causal chain.

Should I Talk to Police to Explain It Was an Accident?

Not without counsel. Well-intended explanations can be misinterpreted. Speak with a lawyer first.

Get Help Now

If you’re being questioned or charged with Criminally Negligent Homicide (§ 53a-58), timing matters. Evidence fades, and early expert work is crucial.

Call 203-357-5555 or use the Contact page to set up a free, confidential consultation. I’ll move quickly to protect your rights, secure the evidence, and present your story the right way.

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