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Criminal Law

: California Criminal Defense Blog

Not All Negligent Acts are Treated the Same

By Neil Shous, Esq.

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In fact, under California law, they are treated quite differently. Civil negligence (sometimes referred to as ?ordinary? negligence) involves simple carelessness. California criminal negligence, on the other hand, involves extreme recklessness. If you are guilty of ordinary negligence, it means that you didn?t act in the same manner as a theoretical ?reasonable? person in your same shoes. Let?s say that you?re involved in an accident on one of our many overcrowded Los Angeles freeways. While you are applying your eye-makeup, you don?t realize that traffic is stopped and, as a result, you rear-end the car in front of you. This is an example of civil negligence. Now let?s change the facts. You?re on that same crowded freeway but this time acknowledge that traffic is at a stand-still...continue to full post

Full post as published by California Criminal Defense Blog on March 19, 2010 (boomark / email).

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