Criminally negligent homicide in Texas represents the least severe category of criminal homicide under state law. However, being charged with this offense is far from minor. While it lacks the intentional or reckless elements of more severe charges like murder or manslaughter, a conviction can still result in significant legal penalties and life-altering consequences.
Understanding the nuances of this charge is critical for anyone facing accusations, as it directly impacts the strategies available for defense. If you or someone you know is facing a charge of criminally negligent homicide, contact us today. At M|C Criminal Law, we are experienced homicide lawyers who are ready to provide the guidance and representation you need to protect your future.
To understand criminally negligent homicide in Texas, it is first important to understand the degrees of culpability or ‘culpable mental states’, as they are termed in law. From highest to lowest, the degrees of culpability are:
In this context, criminal negligence is defined in the Texas Penal Code, Title 2, Section 6.03 as:‘A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.’
Thus, criminal negligence means failing to notice or consider a serious risk that your actions (or lack of action) could lead to harm or dangerous outcomes. The risk must be obvious and significant – something an ordinary person would clearly recognize and avoid if they were acting responsibly.
When someone overlooks this kind of risk, their failure to act carefully is seen as a major departure from how a reasonable person would behave in the same situation. Essentially, it’s not about making a mistake but about failing to meet the basic standards of care that would be expected of anyone in that situation.
Criminally negligent homicide is defined in the Texas Penal Code, Title 5, Section 19.05 simply as causing the death of a person due to criminal negligence, which is why it was important to understand what criminal negligence is, specifically.
For instance, consider a situation where someone leaves a loaded firearm unsecured in a household with children. If a child gains access to the weapon and an accidental death occurs, the person who left the firearm accessible may be charged with criminally negligent homicide.
In this case, the substantial and unjustifiable risk was something an ordinary person would recognize and act to prevent. Failing to do so reflects a gross deviation from reasonable care. Another example could involve driving well over the speed limit in poor weather conditions, such as heavy rain or fog, and causing a fatal accident.
While the driver may not have intended harm, their failure to account for the serious risk posed by their actions could meet the threshold for criminal negligence. In each of these examples, the law focuses on the failure to act responsibly when faced with clear risks.
This failure must rise to the level of gross deviation from how a reasonable person would behave in the same circumstances. By understanding this connection, it becomes clear why criminally negligent homicide in Texas is treated as a serious offense, but also how an experienced homicide lawyer could challenge these qualifications as a defense strategy.
Criminally negligent homicide is classified as a state jail felony. If convicted, the penalties can include a sentence ranging from 180 days to 2 years in a state jail facility, along with fines of up to $10,000. However, the consequences often extend beyond the legal penalties.
On top of that, a conviction could severely impact an individual’s personal and professional life, tarnishing their reputation and affecting their ability to secure employment, housing, or professional licenses. Given these severe ramifications, working with an experienced homicide lawyer is crucial to minimize the potential impact of these charges.
Being accused of criminally negligent homicide in Texas can be overwhelming, but having a skilled murder, manslaughter, and homicide defense lawyers on your side can make all the difference. At M|C Criminal Law, we understand the complexities of these cases and will meticulously examine every aspect of the evidence to build a strong defense.
With years of experience, including prior service as prosecutors, our attorneys bring a unique perspective to criminal defense. We know how the other side approaches these cases and use this insight to advocate aggressively for our clients. Our familiarity with the inner workings of the court system enables us to navigate your case effectively while protecting your rights and reputation.
We may fight to demonstrate that the risk in question was neither substantial nor unjustifiable, or that your actions did not constitute a gross deviation from reasonable care. In some cases, we can argue that the event was a tragic accident that does not rise to the level of criminal negligence under Texas law. There are many other defenses that may be applicable, but first, we need to know all the details of the case.
Contact us today to schedule a consultation. Let us provide the guidance and representation you need to protect your future.
