If you’re facing charges for criminally negligent homicide, you’re not just up against the possibility of jail time — you’re carrying the devastating weight of being blamed for someone’s death, even though you never meant to cause harm. It’s a legal and emotional nightmare that most people aren’t prepared to face alone.
Criminally negligent homicide in Texas occurs when someone causes a death because they failed to recognize a substantial risk that a “reasonable” person would have seen. Unlike other homicide charges, there’s no intent to kill or conscious disregard for human life — just a failure to perceive an obvious danger. It’s charged as a state jail felony, which means you’re facing 180 days to 2 years behind bars and fines up to $10,000 if convicted.
At Thiessen Law Firm, we know the system is stacked against you from the moment charges are filed. Prosecutors aren’t interested in hearing that it was “just an accident” or that you “never saw it coming.” They want a conviction, plain and simple. But we’ve successfully defended countless Texans against serious criminal charges, and we know how to dismantle the state’s case against you. Call our Houston homicide defense attorneys at (713) 864-9000 and get a defense team that fights to protect your freedom.
What is criminally negligent homicide?
According to Section 6.03(d) of the Texas Penal Code, criminal negligence is defined as, “…an unjustifiable risk of such 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.”
In other words, criminally negligent homicide happens when you didn’t realize your actions could cause someone’s death, but you really should have. It’s not that you intended harm or even knowingly disregarded a risk — you simply failed to see a danger that the court believes most reasonable people would have recognized.
Which is worse: manslaughter or negligent homicide?
Here’s how criminally negligent homicide compares to the different levels of murder in Texas:
| Charge | Mental State Required | Penalty Range |
| Capital murder | Intentional | Life imprisonment or the death penalty |
| Murder | Intentional | 5 to 99 years or life imprisonment |
| Manslaughter | Reckless | 2 to 20 years imprisonment |
| Criminally negligent homicide | Criminal negligence | 180 days to 2 years in state jail |
What is an example of criminally negligent homicide in Texas?
Criminally negligent homicide charges don’t just happen to “bad people” or confirmed criminals; they happen to everyday Texans who never imagined they’d find themselves facing felony charges. Here are some real-world examples of situations that could result in criminally negligent homicide charges in Texas:
- Distracted driving fatalities: Texting while driving or being severely distracted during a vehicle accident that results in someone’s death, especially if you were traveling at high speeds or in dangerous conditions.
- Firearm negligence: Failing to properly secure a loaded weapon that is later accessed by a child or unauthorized person who accidentally causes a death.
- Workplace safety violations: As a supervisor or employer, ignoring obvious safety hazards that later cause fatal workplace accidents can result in criminal charges, not just civil liability.
- Medical neglect: Caregivers who fail to provide essential medical care, resulting in someone’s death, may face criminally negligent homicide charges even without intent to harm.
- Failure to secure dangerous items: Leaving dangerous equipment, toxic substances, or other hazardous materials unsecured in a way that leads to a fatal accident.
- Drug sharing: Providing drugs to someone who later overdoses can sometimes be prosecuted as criminally negligent homicide, even if you had no idea the drugs were dangerous.
These examples share a common thread: a failure to perceive a substantial risk that ostensibly should have been recognized. But here’s what’s important to understand — just because your situation resembles one of these examples doesn’t mean you deserve to be convicted for homicide, and it sure as hell doesn’t make you guilty.
What is the penalty for criminally negligent homicide?
Criminally negligent homicide in Texas is tried as a state jail felony, which is the least severe category of felony charges you can face in Texas. However, the penalties for conviction are far from light.
How long can you go to jail for criminally negligent homicide?
Here are the following punishments for being convicted of criminally negligent homicide in Texas, including the potential range of jail time:
| Minimum Jail Time | Maximum Jail Time | Fines |
| 180 days in state jail | 2 years in state jail | Up to $10,000 |
If convicted, you may also face other punishments that can affect your civil rights and freedoms, including:
- Permanent felony record
- Loss of gun rights
- Voting restrictions
- Housing difficulties
- Professional license issues
- Immigration consequences
- Child custody impacts
These consequences can devastate your life for years after you’ve served your criminally negligent homicide Texas sentence. A felony conviction doesn’t just mean time behind bars — it follows you everywhere, slamming doors shut on jobs, housing, and opportunities before you even get a chance to explain yourself. That’s why at Thiessen Law Firm, we don’t just defend cases, we fight to protect your entire future.
Defenses for criminally negligent homicide in Texas
In criminal homicide cases, the prosecutor’s job changes dramatically depending on which charge you’re facing. While intent is critical for murder charges, criminally negligent homicide is entirely different territory.
Here’s the brutal truth: claiming “I didn’t mean to hurt anyone” won’t save you from a criminally negligent homicide conviction. Why? Because lack of intent is already baked into the charge itself. The whole point is that you didn’t intend to kill, you just failed to recognize a risk that any reasonable person would have seen coming.
What actually matters is how careless your actions were when compared to what an ordinary, “reasonable” Texan would have done in the same situation. Meaning your attorney might use a defense such as:
- No gross deviation from standard of care: Proving your actions were not a significant departure from what a reasonable person would have done.
- Lack of foreseeability: Arguing that the death was not a foreseeable consequence of the defendant’s actions.
- Accident without negligence: Demonstrating the death was truly a tragic accident that couldn’t have been foreseen or prevented.
- Third-party intervention: Showing someone else’s actions were the actual cause of death.
- Insufficient evidence: Challenging the prosecution’s evidence as inadequate to prove each element of the charge.
- Necessity: Arguing that your actions were necessary to prevent greater harm.
- Self-defense: In some cases, the death occurred while lawfully defending yourself.
- Violation of rights: Getting evidence thrown out due to improper police procedures or constitutional violations.
- Mistaken identity: Although it may seem far-fetched, homicides occur under chaotic circumstances, and proving you weren’t the person who committed the negligent act is often a solid defense.
No matter what, the prosecution will try to paint you as dangerously negligent, arguing your actions were so far below the standard of normal care that you deserve jail time for what happened. At Thiessen Law Firm, we know how to counter these arguments and show the jury that an accident — even a tragic one — isn’t always a crime.
Learn more: Is Texas a stand-your-ground state?
When accidents become criminal charges, trust Thiessen Law Firm to protect your rights
Criminally negligent homicide charges in Texas can turn your world upside down, but remember that a charge is not a conviction. The right attorney can make all the difference between jail time and freedom.
At Thiessen Law Firm, we’ve built our reputation by fighting aggressively for clients facing serious criminal charges, including homicide cases of all types. Our proven track record speaks for itself. We know how to beat a murder case by challenging every piece of evidence, questioning every witness, and illuminating errors in the prosecution’s theories. Most importantly, we believe that good people can find themselves in terrible situations, and everyone deserves a robust defense.
The clock is ticking on your case. Evidence disappears, witnesses’ memories fade, and the prosecution is already building their case against you. Don’t wait another day to get the defense you deserve. Call Thiessen Law Firm now at (713) 864-9000 or contact us online for a team that will stand by your side and fight for your future when everything is on the line.
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