What Is Criminally Negligent Homicide in Texas?

Criminally negligent homicide is one of the most misunderstood charges in Texas criminal law. Unlike murder or manslaughter, it doesn’t require intent to kill — yet it still involves someone’s death, which means the legal and emotional consequences can be just as serious.

Let’s break down how Texas law treats criminally negligent homicide cases, and how a Texas Board-Certified homicide defense attorney can help protect your rights and your future.

What Criminally Negligent Homicide Means

Under Texas Penal Code § 19.05, a person commits criminally negligent homicide if they cause the death of another person by criminal negligence. This isn’t the same as murder or manslaughter. It’s a lower-level felony, but still incredibly serious.

“Criminal negligence” is more than just being careless. The law says a person acts with criminal negligence when they fail to perceive a substantial and unjustifiable risk that their actions could result in someone’s death, and a reasonable person would have recognized that risk.

In simpler terms, it means someone acted in a way that was dangerously irresponsible, even if they didn’t mean to hurt anyone.

Examples of Criminally Negligent Homicide

This type of charge often arises in situations that seem like tragic accidents, but the law sees them as preventable deaths caused by recklessness.

Some examples include:

• A parent leaving a child in a hot car for hours, resulting in the child’s death.
• A driver texting behind the wheel who causes a fatal crash.
• A gun owner leaving a loaded firearm where a child can access it, leading to an accidental shooting.

In each of these examples, the person didn’t intend for anyone to die. But because their behavior ignored serious risks, they can be held criminally responsible.

How It Differs from Manslaughter or Murder

That difference in mindset — awareness vs. lack of awareness — is what separates manslaughter from criminal negligence in the eyes of Texas law.

• Murder requires a clear intent to kill or cause serious harm. It’s the most severe form of criminal homicide.
• Voluntary manslaughter typically happens in the heat of the moment, like during a sudden fight, where someone intends to harm but acts without premeditation.
• Involuntary manslaughter involves reckless behavior that leads to someone’s death, like firing a gun into the air during a celebration or driving under the influence.
• Criminally negligent homicide is different. Here, the person didn’t even realize their actions posed a deadly risk — but a reasonable person in their position should have.

To further clarify the difference between the last two, involuntary manslaughter is when the person knew the risk, but acted anyway; while criminally negligent homicide is when the person should have known the risk, but didn’t.

Penalties for Criminally Negligent Homicide

Criminally negligent homicide is a state jail felony in Texas. That means if convicted, you could face:

• 180 days to 2 years in a state jail facility
• Up to $10,000 in fines
• A permanent felony conviction on your record

But that’s just the start. A felony record can affect every area of your life — job applications, college admissions, professional licensing, gun ownership, and voting rights. It can also impact child custody, especially if the case involved a minor or occurred in the presence of children.

You’ll also likely be required to complete community service, undergo counseling, and potentially pay restitution to the victim’s family.

And once you're convicted, clearing your name becomes nearly impossible.

How Prosecutors Build These Cases

To secure a conviction, the prosecution must show that your conduct created a substantial and unjustifiable risk and that a reasonable person would have acted differently under the same circumstances.

They often rely on:

• Expert testimony to explain what a “reasonable person” would have done.
• Evidence of patterns of negligence or carelessness.
• Eyewitness accounts, surveillance footage, and medical reports.

In some cases, they may also look at whether alcohol, drugs, or distracted driving played a role. If so, the line between criminal negligence and more serious charges like intoxication manslaughter can get blurry fast.

Defending Against Criminally Negligent Homicide Charges

If you’re facing this charge, the most important thing to remember is that being accused is not the same as being convicted. A skilled criminal defense attorney will scrutinize the facts, challenge the prosecution’s interpretation of negligence, and work to get charges reduced or dropped entirely.

Common defense strategies include:

• Proving the risk wasn’t “substantial and unjustifiable” under the law.
• Demonstrating that your actions were reasonable based on the information you had.
• Challenging the quality or credibility of the evidence presented.
• Highlighting gaps in the timeline or witness accounts.

In some cases, showing that the death was truly accidental and unforeseeable can lead to an acquittal or at least a reduction in charges.

Can You Avoid a Felony Conviction?

It depends. In some cases, your lawyer may be able to negotiate a plea deal for a lesser charge, such as a Class A misdemeanor, especially if this is your first offense and the circumstances were not egregious.

Other times, diversion programs or deferred adjudication may be possible, allowing you to avoid a conviction altogether if you meet certain requirements.

And in rare cases where the evidence is weak or your rights were violated during the investigation, your case could be dismissed entirely.

What Should You Do Right Now?

If you or someone close to you is being investigated or has been arrested for criminally negligent homicide in Texas, don’t wait.

Here’s what to do:

1. Say nothing to police or investigators without legal counsel present.
2. Contact a Texas Board-Certified criminal defense attorney immediately.
3. Preserve any evidence or documentation that may support your case.
4. Avoid discussing the incident with others, including on social media.

Time matters in these cases. The sooner you involve a highly skilled criminal defense attorney, the better your chances.

Facing Homicide Charges in Texas? Call Ryan Deck.

No one expects to be charged with something as serious as criminally negligent homicide — especially when they never intended for anyone to get hurt. But intent doesn’t always matter under Texas law. What does matter is how you respond now. The laws covering “negligence” leave room for interpretation, and that can either help or hurt your defense.

Whether you're facing charges from a tragic accident, a misunderstood situation, or a questionable police investigation, your future depends on a strong legal strategy. As a former prosecutor, Ryan H. Deck understands how the opposing side builds its case and how to effectively challenge it. He has handled serious felony charges throughout Williamson County and its surrounding areas, and he knows how much is at stake.

If you're facing criminal charges, don’t face them alone — contact us for a free confidential consultation. Put my expertise to work for you to protect your rights, your future, and your freedom.