This is the least severe homicide charge in Texas — but it’s still a felony, and it still means someone died. If prosecutors can’t prove you were aware of the risk you created, criminally negligent homicide is likely what you’re facing instead of manslaughter or murder. A Houston criminal defense lawyer can make sure the State doesn’t overcharge what actually happened.
What Separates This From Manslaughter
- Criminal negligence: You failed to perceive a substantial and unjustifiable risk that a reasonable person would have recognized — a mistake in judgment, not a conscious choice to ignore danger.
- No intent to harm: This charge exists specifically for situations where a death resulted from carelessness, not malice or recklessness.
- Common scenarios: Fatal accidents involving firearms, machinery, child supervision, and traffic incidents are the most frequent sources of this charge.
How Texas Punishes It
- State jail felony: 180 days to 2 years in a state jail facility and up to a $10,000 fine.
Where the Defense Starts
The State has to prove you failed to perceive a risk that a reasonable person in your exact situation would have caught — a standard that’s more subjective, and more arguable, than most people realize. Whether the death was truly foreseeable, and whether it resulted from your conduct at all, are both fair questions.
Charged With Criminally Negligent Homicide? Contact Blass Law Now
Contact Blass Law for a confidential case evaluation or call (713)-664-4000 so we can start protecting your future today.
Related Charges
- Aggravated Assault
- Assault on a Police Officer
- Deadly Conduct
- Terroristic Threat
- All Criminal Defense Practice Areas
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC — ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.