Legal Question in Criminal Law in California

Negligence - Clumsiness, propensity to pubicly endanger

Hi,

I would like to know if there is such a charge known as ''public endangerment'' that can be filed against a person if he or she is a risk to the general public, if they are clumsy, or have a propensity to cause physical and/or mental damage to people around them. Also, how much of this has to do with the ability to prove intent to cause harm. That is, what are the charges (if any) that can be brought about if the person is unaware or unable to control said condition. Thanks.

jay


Asked on 1/23/04, 8:11 pm

1 Answer from Attorneys
Edward Hoffman Law Offices of Edward A. Hoffman

Re: Negligence - Clumsiness, propensity to pubicly endanger

Criminal charges can only be be brought in connection with actual crimes. Your own suspicion (which others might not share) that a particular person is dangerous is not enough. If it was, people would use such charges to harass their enemies all the time.

Further, "clumsiness" and "negligence" are very rarely enough to make an act criminal. Almost all crimes require an intentional act. "Propensity" is never enough to make something criminal.

It sounds like you have an axe to grind against this person. The law won't help you here.

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Answered on 1/26/04, 1:29 pm


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