The vast majority of people never plan to cause a fatal accident. However, when a tragic mistake results in another person’s death, it may be charged as criminally negligent homicide. Texas law considers this a serious crime, even if there was no intent to harm.
Unlike other types of criminal homicide, criminally negligent homicide doesn’t require proof that the person meant to cause harm. Keep reading to learn more about criminally negligent homicide in Texas.
Key Takeaways
- A person commits criminally negligent homicide when they act with criminal negligence, such as ignoring obvious safety risks or recklessly handling dangerous equipment.
- Criminally negligent homicide and manslaughter aren’t the same. While both involve a loss of life without the intent to kill, manslaughter usually happens when a person is aware of the danger but acts carelessly anyway.
- Criminal negligent homicide is punishable with up to two years of jail time, and a fine of up to $10,000. In some cases, the judge may order community supervision.
- If you’ve been charged with criminally negligent homicide, a San Antonio criminally negligent homicide attorney can help you fight your case.
What Is Criminally Negligent Homicide?
From capital murder to manslaughter, there are many types of homicide under Texas law. The least severe form of homicide charge is criminally negligent homicide. Criminally negligent homicide happens when a person’s conduct leads to another’s death, without any intent to harm on the part of the at-fault party. This type of act is considered criminal negligence.
Criminal negligence involves acting in an unreasonable and reckless manner. Some of these types of behaviors include reckless driving, mishandling a deadly weapon, or failing to provide necessary care in critical situations. In these cases, the person typically doesn’t intend to cause harm or death. Instead, their careless actions or failure to act responsibly lead to tragic consequences. Criminally negligent homicide is the result of substantial and unjustifiable risk.
For anyone involved in negligent homicide, the Texas penal code outlines strict penalties that affect the perpetrator.
Criminally Negligent Homicide vs. Manslaughter: What’s the Difference?
Criminal negligent homicide is based on criminal negligence — when someone fails to spot a serious risk that they should have noticed. Even though they didn’t mean to cause harm, their lack of care leads to a tragic result. The Texas law sees this as a serious crime because a reasonable person would have recognized the danger and acted differently to prevent harm.
Manslaughter, on the other hand, is when a person knows their actions are risky but chooses to go ahead anyway. They understand the danger but don’t care to stop.
Criminal negligence charges often carry lighter penalties than manslaughter. However, both are very serious, and anyone facing either charge should speak with a homicide lawyer to understand their options and protect their rights.
What Is the Penalty for Criminally Negligent Homicide?
Criminally negligent homicide is classified as a state jail felony under Texas law. Even though the victim’s death wasn’t intentional, the law will still hold you accountable. Depending on the severity of your actions, you could face serious consequences.
Under Texas law, there is a range of different penalties for homicide. For criminally negligent homicide, an offender is typically charged with up to two years of jail time and a fine of up to $10,000. In some cases, instead of serving time in a state jail facility, the judge may order community supervision. This usually depends on the circumstances of the case and your criminal history. However, you can work with a San Antonio criminally negligent homicide attorney to get your charges reduced.
How an Austin Criminal Defense Attorney Can Help With Your Case
If you have been arrested or charged, you need a skilled defense attorney who can help you fight a criminally negligent homicide charge. With an attorney’s help, you can review the facts, spot weaknesses in the evidence, and attempt to get your charges reduced or even dismissed. If you’re found guilty, an attorney can help with criminal appeals.
At the Law Office of John G. Perez Jr., our defense attorney can help answer your questions, guide you through the legal process, and fight for your right. Don’t face these charges alone. Contact us today for your free case review and let John help you move forward.