Texas Criminally Negligent Homicide Defense Lawyer

What Is Criminally Negligent Homicide?

Texas Penal Code §19.05 provides that a person commits criminally negligent homicide if they cause the death of another by criminal negligence.

Under §6.03(d), a person acts with criminal negligence when they ought to be aware of a substantial and unjustifiable risk that 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.

The critical distinction between manslaughter and criminally negligent homicide is:

• Manslaughter (recklessness):the defendant was aware of the risk and consciously disregarded it
• Criminally negligent homicide (negligence):the defendant should have been aware of the risk but failed to perceive it

This distinction between conscious awareness and failure to perceive can mean the difference between a second-degree felony and a state jail felony.

Penalties

Criminally negligent homicide is a state jail felony:

• 180 days to 2 years in a state jail facility
• Fine of up to $10,000
• Probation is available and is a common outcome in appropriate cases
• No parole system for state jail felonies — defendants serve day-for-day unless released early on mandatory supervision

Common Scenarios

Firearms Accidents

Accidental discharges resulting from failure to check whether a weapon is loaded, inadequate firearms storage resulting in a child’s access to a weapon, or hunting accidents where the defendant failed to identify their target.

Vehicle-Related Deaths

Deaths caused by distracted driving, fatigue-related incidents, or other driving conduct that falls below ordinary care but does not rise to the level of conscious recklessness. If alcohol is involved, the charge is typically intoxication manslaughter rather than criminally negligent homicide.

Child and Dependent Care Deaths

Deaths of children or dependent adults resulting from the caregiver’s failure to perceive obvious dangers: leaving a child in a hot vehicle, failing to secure medications or hazardous substances, inadequate supervision near water.

Workplace Safety Failures

Deaths resulting from employers’ or supervisors’ failure to perceive and address obvious workplace safety hazards.

Defense Strategies

Reducing Higher Charges

Criminally negligent homicide is a lesser-included offense of both murder and manslaughter. In cases where the prosecution charges murder or manslaughter, Doug fights to demonstrate that the defendant’s mental state was negligent rather than intentional, knowing, or reckless which could result in a charge and sentence that reflects what the evidence actually shows.

Challenging the “Gross Deviation” Standard

Criminal negligence requires proof that the defendant’s failure to perceive the risk constituted a gross deviation from ordinary care. Ordinary negligence, the kind that supports a civil lawsuit but not criminal charges, is not sufficient. Doug argues this distinction when the defendant’s conduct, while perhaps careless, does not rise to the level of criminal liability.

Unforeseeable Circumstances

If the risk that led to the death was not one that an ordinary person would have perceived under the circumstances, the defendant’s failure to perceive it is not criminal negligence. Doug investigates the specific circumstances to determine whether the risk was foreseeable.

Intervening Causes

If an independent intervening cause such as the actions of a third party, a medical emergency or an equipment malfunction was the actual cause of death, the defendant’s negligence may not be the proximate cause of the death.

Protect Your Future — Contact Deandra Grant Law Today

If you or someone you love is facing homicide charges in Texas, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff is our Partner and Criminal Division Chief — a senior trial attorney who has defended clients against the most serious violent felony charges throughout his career. Our firm’s forensic science credentials and nearly 30 years of criminal defense experience mean you get a level of defense that most firms cannot provide.

Call (214) 225-7117 or schedule an appointment online at texasdwisite.com.