What Is Criminal Negligence?
The crimes of criminal negligence causing bodily harm, or criminal negligence causing death, or causing death by criminal negligence while street racing, or causing bodily harm by criminal negligence while street racing, refer to acting irresponsibly without caution, to put others at risk of injury or death, or failing to do something to prevent the same circumstances from happening.
This can occur both in public (as with: child endangerment, while driving, etc.), or at a place of employment (as with: a building construction site, manufacturing plant, etc.), whether intentionally or inadvertently, but usually involves a level of recklessness. It is normally attributed to someone who goes ahead and ignores the inherent risks of dangerous behaviour.
The criminal code defines the accused as showing “wanton and reckless disregard for the lives or safety of other persons”. In the context of driving offences, the driving is more reckless than the driving required to find a conviction for dangerous driving. Having said that, one cannot be convicted of dangerous driving or criminal negligence just because he or she is in violation of a provincial driving offence such as speeding, unsafe lane change, or careless driving. The driving has to essentially be so reckless as to put people’s lives in danger.
Reduce your Criminal Charge to a Traffic Offence
Many times the police “overcharge” an accused with dangerous driving or criminal negligence, and, it is the job of criminal negligence lawyers to negotiate a withdrawal of the criminal charge in exchange for a plea to a traffic offence such as careless driving. We have access to a team of expert witnesses who will investigate the traffic incident, including an inspection of the damage of the vehicles, to see if the driving that lead to the accident can be explained away in an innocent fashion. For example, an accident reconstruction expert will use computer models to recreate the circumstances that lead to the traffic accident in question, and may be able to provide an innocent explanation. Similarly, in the context of, for example, criminal negligence in the workplace, engineers can be retained to explain whether a workplace accident was caused by company negligence, or simply an unforeseen failure in equipment, or an employee’s failure to follow safety procedures and protocols.
Your Best Defence
The Criminal Law Team has over 60+ years of experience in defending criminal cases. We have the expertise, and the experts, to properly act as your criminal negligence lawyers, whether in the context of a motor vehicle, or at the workplace, or elsewhere. Give us a call for your free confidential consultation. See what our other clients are saying about us. We can help you too!
I came to Stephen Hebscher with a somewhat irregular case. Both my spouse and I had been mutually charged with domestic assault, a legal situation that neither of us had wished upon each other. While my spouse's lawyer had been content to seek mutually binding peace bonds, Stephen was able to get in front of the case and negotiate a withdrawal of both of our charges- the best possible outcome on BOTH sides of the table – once we successfully completing the PARs program. I remain entirely pleased with Stephen's competency, professionalism and accessibility, and would not hesitate to recommend him as a criminal defence lawyer. L.A.
Mr. Hebscher: I would like to thank you for your excellent representation of me in relation to the domestic assault charges that you worked so hard to have withdrawn. You have made a critical difference in my future and I am very happy with the outcome. I also appreciate your hard work, and the extra time and effort you have put in to deal with all the other issues that came along. I thank you for being a phone call away (or email) even when you did not have to be. I will gladly recommend your services to any of my friends or family should they ever need it. I am very grateful for what you have done.
I am impressed especially after our meeting on Monday – I was resigned that something bad would befall me, so I am very blessed to have this outcome. I thank you for the hard work that you have put into this case, and the dedication on getting me this fantastic outcome! I am so glad that we retained you as my lawyer! You have done an outstanding job and allowed me to now rebuild my life. Thank you, Bruce Karten.
Dave B. (Ajax, Ontario)
We were referred to Stephen Hebscher when our child was in need of legal representation. He was charged with sexual assault. As parents, we were quite frightened for our child but Mr. Hebscher was the calm voice of reason. We are very grateful to Mr. Hebscher for the excellent results he got for our child, as the charges were dropped.
J.N. (Toronto, Ontario)
Mr. Hebscher is a very professional lawyer who takes pride in his work and because of this the end result was the judge ruling me not guilty and I got my innocence and life back. My family and I would like to thank you again Stephen Hebscher for doing a wonderful job and also being a very supportive man.
Chris T. (Scarborough, Ontario)
I am happy to report that Bruce’s superior negotiation strategy and ability to present facts effectively helped convince the Crown to reduce his position. I would like to take this opportunity to thank Bruce for getting my charge withdrawn and keep my criminal record clean.
J.S (Toronto, Ontario)
I looked and found Barrister Stephen Hebscher I introduced myself and my case and after listening to all details he was able to ensure me that my case would go well. All charges against me have be thrown out and my life is back to normal.
Blair H. (North York)
Bruce ...The care and concern you showed us during our dealings certainly helped to reduce the stress we were under. I would recommend you without a second thought. Your winning record is a bonus as well. My husband and myself can't thank you enough for all you've done for our family.
Debi T. (Mississauga, Ontario)
Dear Mr. Hebscher...There are not enough words to express my appreciation for your...giving me your undivided attention at all times, work in my case with your heart and soul, that makes you "ONE OF A KIND" lawyer.
Ahmed A. (Brampton, Ontario)
Mr. Bruce Karten was able to help to extricate me from a very serious criminal case containing severe charges, including weapons –threat to use weapons, death threat, harassment,etc. He succeeded in winning my case. I was discharged; was able to keep my career, and no criminal record. This was a tremendous accomplishment, and I am very appreciative of that.
Nickolai V. (Toronto, Ontario)
Again, from the depth of our hearts we sincerely thank you very much for being my Counsel on this case. We now can say you are the BEST and we will surely recommend you to our friends and anybody here we know who needs the best Lawyer in Ontario. You have done an extremely good job and we are very happy with the outcome this morning.
Roman A. (Markham, Ontario)
Mr. Hebscher was the only lawyer who gave me hope and made me feel like I had a real fighting chance. I am extremely satisfied with the quick results that he delivered, and I am happy to say that he was able to convince the court to drop the charges against me and clear my name.
Tina M. (Toronto, Ontario)