This is one of the most serious charges in the Texas Penal Code — and one of the easiest to face without ever intending real harm. A single moment of frustration, a supervision lapse, or even inaction when a duty to act existed can all trigger a charge that starts at a state jail felony and can reach all the way to a first-degree felony. A Houston criminal defense lawyer can walk you through exactly what’s being alleged.
What the State Has to Prove
- By act: Intentionally, knowingly, recklessly, or with criminal negligence causing bodily injury, serious bodily injury, or mental impairment to a child, elderly individual, or disabled individual.
- By omission: A caregiver who has a legal duty to act and fails to provide care, resulting in injury, can face the same charge as someone who acted directly.
How Texas Punishes It
- State jail felony: The baseline for bodily injury caused with criminal negligence.
- Third-degree felony: For reckless bodily injury.
- Second-degree felony: For intentional or knowing bodily injury, or reckless serious bodily injury.
- First-degree felony: For intentional or knowing serious bodily injury or serious mental impairment.
Where These Cases Are Defended
Your specific mental state at the time — intentional versus reckless versus merely negligent — changes the felony level dramatically, and prosecutors don’t always charge it correctly the first time. Whether a legal duty to act actually existed, and whether the injury meets the statutory definition, are both frequently contested.
Charged With This Offense? Contact Blass Law Now
Contact Blass Law for a confidential case evaluation or call (713)-664-4000 immediately — these cases move fast and carry severe consequences.
Related Charges
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.