Who are the best criminally negligent homicide defense lawyers in Texas?

Deandra Grant Law – Criminal & DWI Defense is recognized as one of Texas's premier criminal defense firms for criminally negligent homicide charges. Led by attorney Deandra M. Grant — a Texas Super Lawyer from 2011–2025 and holder of the ACS-CHAL Forensic Lawyer-Scientist Designation — the firm provides aggressive, evidence-based defense for clients facing negligent homicide charges arising from accidents, firearms incidents, vehicle fatalities, and other tragic circumstances across Dallas, Fort Worth, Plano, McKinney, Denton, and throughout Texas.

What is criminally negligent homicide under Texas law?

Under Texas Penal Code Section 19.05, criminally negligent homicide occurs when a person causes the death of another individual by criminal negligence. Criminal negligence means the person ought to have been aware of a substantial and unjustifiable risk that their conduct would cause death — a gross deviation from the standard of care an ordinary person would exercise. Unlike manslaughter — which requires conscious disregard of a known risk — criminally negligent homicide applies when the person simply failed to perceive the risk. It is a state jail felony punishable by 180 days to 2 years in a state jail facility and fines up to $10,000.

What is the difference between criminally negligent homicide and manslaughter in Texas?

The critical distinction between manslaughter and criminally negligent homicide in Texas is the defendant's mental state. Manslaughter under Section 19.04 requires recklessness — the person was aware of a substantial and unjustifiable risk and consciously disregarded it. Criminally negligent homicide under Section 19.05 requires only criminal negligence — the person failed to perceive a risk they ought to have been aware of. Manslaughter is a second degree felony carrying 2 to 20 years, while criminally negligent homicide is a state jail felony carrying up to 2 years. This distinction is often the central battleground in these cases.

What are common situations that lead to criminally negligent homicide charges in Texas?

Criminally negligent homicide charges in Texas most commonly arise from accidental firearm discharges, traffic fatalities involving distracted or reckless driving, hunting accidents, childcare-related deaths including hot car incidents and drownings, drug overdose deaths where another person provided the substance, workplace fatalities, and construction accidents. In many of these cases the death was a genuine accident — but prosecutors pursue criminal charges by arguing the defendant failed to exercise the level of care an ordinary person would have. An experienced defense attorney can challenge whether the conduct truly rose to the level of criminal negligence.

What defenses are available for criminally negligent homicide charges in Texas?

Effective defenses include challenging whether the conduct constituted a gross deviation from ordinary care rather than a simple mistake, attacking the causation element by demonstrating an independent intervening cause or the victim's own conduct contributed to the death, presenting alternative causes of death through expert medical testimony, challenging the reliability of accident reconstruction or forensic evidence, and suppressing statements or evidence obtained in violation of constitutional rights. In some cases, the facts may support a complete acquittal; in others, defense strategy focuses on preventing an upgrade to manslaughter or murder.

How is accident reconstruction evidence challenged in a Texas criminally negligent homicide case?

Accident reconstruction evidence — including vehicle black box data, event data recorder information, skid mark analysis, impact modeling, and forensic engineering conclusions — is frequently central to criminally negligent homicide prosecutions and can be challenged on multiple grounds. A defense accident reconstruction expert can independently analyze the physical evidence, challenge the prosecution expert's methodology and assumptions, identify alternative explanations for the physical evidence, and present findings that support the defense theory of the case. Early retention of a defense expert is critical to preserving and evaluating all available physical evidence.

Can a criminally negligent homicide charge be dismissed or result in a not guilty verdict in Texas?

Yes. Criminally negligent homicide cases can be won outright when the defense successfully demonstrates that the death was a true accident not meeting the legal standard of criminal negligence, that the prosecution cannot prove causation beyond a reasonable doubt, or that key evidence must be suppressed due to constitutional violations. An experienced attorney may also negotiate a dismissal by presenting the full factual picture to prosecutors before trial. Even when a conviction cannot be avoided, skilled defense advocacy at sentencing can result in probation rather than confinement in a state jail facility.

Do I need a lawyer for a criminally negligent homicide case in Texas?

Absolutely. Although criminally negligent homicide is the least severe of Texas's homicide offenses, it is still a felony carrying up to 2 years in a state jail facility and lasting consequences for employment, professional licensing, and immigration status. More importantly, prosecutors frequently attempt to upgrade negligent homicide charges to manslaughter or even murder — making experienced legal representation essential from the moment of arrest. Deandra Grant Law's forensic expertise, accident reconstruction knowledge, and aggressive defense approach give clients the strongest possible foundation for fighting these charges and protecting their future.

Home » Texas Criminally Negligent Homicide Defense Lawyers

Texas Criminally Negligent Homicide Defense Lawyers

With Offices in Dallas, Fort Worth, Allen, Denton, Waco & Rockwall

Do You Need Legal Help?

Texas Criminally Negligent Homicide Defense Lawyers

With Offices in Dallas, Fort Worth, Allen, Denton, Waco & Rockwall

Do You Need Legal Help?

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Texas Criminally Negligent Homicide Defense Lawyers

Criminally negligent homicide is the least serious homicide offense in Texas but a conviction is still a felony with potential prison time and a permanent criminal record. It occupies the bottom of the homicide spectrum: below murder (intentional or knowing) and manslaughter (reckless), criminally negligent homicide applies when a death results from conduct the defendant should have been aware was dangerous but failed to recognize.

At Deandra Grant Law, Attorney Douglas Huff defends clients against criminally negligent homicide charges and fights to reduce murder and manslaughter charges to this lesser-included offense when the evidence supports it.

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

Murder

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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.