Washington D.C. Criminal Negligence Resulting in Bodily Injury: Elements, Penalties, and Defense Strategies

The incident must have occurred during the course of one’s employment or occupational duty. Unlike personal activities, only those actions tied to job responsibilities fall within the scope of this law.

Negligence refers to the failure to exercise reasonable care, resulting in unintended harm. Even without malicious intent, liability arises from reckless disregard for safety obligations.

There must be a demonstrable physical injury. Minor emotional or economic damage is not sufficient. The injury must directly result from the negligent act and be medically verifiable.

Under D.C. Code § 22–404 and related provisions, criminal negligence leading to injury can result in:

• Up to 180 days of imprisonment for non-aggravated cases
• Fines up to $1,000
• For aggravated cases (e.g., reckless disregard or vulnerable victims), penalties may increase to 3 years' imprisonment or higher

In addition to criminal consequences, the injured party may file a civil claim for damages, including:

• Medical expenses
• Lost wages due to recovery time
• Compensation for pain and suffering

Such claims are governed under common law tort principles and may proceed even after a criminal case has concluded.

A genuine attempt to compensate the victim often influences sentencing. Effective settlement includes:

• Reimbursement of medical and incidental expenses
• A written statement of apology and commitment to preventive measures
• Formal release or letter of non-punishment from the victim (though not binding)

However, coercing or pressuring the victim for leniency may backfire legally.

Failure by a hospital staff member to monitor a patient’s condition post-surgery, resulting in permanent complications, could trigger both criminal and civil proceedings under this offense.

When a construction supervisor ignores safety violations leading to a fall or equipment malfunction that injures another worker, charges may be filed under negligent endangerment statutes.

Running a red light during work-related driving (e.g., delivery or ride-sharing) and causing an accident may qualify as negligent operation of a vehicle causing injury, a prosecutable misdemeanor.

• Document the sequence of events in detail
• Preserve surveillance footage or written safety protocols
• Seek immediate legal counsel before making statements to authorities

Professionals such as healthcare workers, public employees, or commercial drivers may face additional sanctions like license suspension or employment termination, depending on the case outcome.