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legalassistant@wm-attorneys.comCriminally negligent homicide is a serious criminal offense in Texas law and particularly comes under Texas Penal Code §19.05. It involves when a person causes the death of another due to criminal negligence-a failure to recognize and respond to a substantial and unjustifiable risk that a reasonable person would have avoided. Criminal negligence reflects a significant departure from standards of behavior accepted in whatever the person is, at the time, doing. If someone is facing such charges in Austin, TX, experienced attorneys at the Law Office of David D. White, PLLC, may be able to help defend one’s rights and protect that person’s future.
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Under Texas Penal Code §19.05, a criminally negligent homicide is when one, through criminal negligence, causes the death of an individual. The negligence must be more than a mere mistake; it must constitute a realization of risk that an ordinary prudent person would have realized and avoided.
In Texas law, this offense is classified as criminal homicide; however, unlike other forms such as murder or manslaughter, this crime does not necessarily need intentional or reckless acts.
The key difference between murder, manslaughter, and criminally negligent homicide lies in the accused person’s mental state and level of responsibility:
For example, the Texas Career and Technical Education Resource Center outlines that negligence in this context is measured by comparing a person’s conduct to how an ordinarily prudent individual would act under similar circumstances. Criminal negligence represents a significant departure from what is considered reasonable behavior
Charges for criminally negligent homicide may arise in situations where an individual’s failure to act with reasonable care leads to another person’s death. Some examples of situations that might result in these charges include:
Prosecutors must demonstrate that the accused’s negligence was directly responsible for the death and that the risk was substantial and foreseeable.
Some real-world examples of criminally negligent homicide include:
Each of these scenarios involves a failure to recognize and mitigate significant risks that could have prevented the fatal outcome.
Yes. In Texas, a driver may face criminally negligent homicide charges if their negligence during a traffic incident causes another person’s death. For example, actions such as running a red light, failing to yield, or engaging in distracted driving may qualify as criminal negligence. However, proving such charges requires evidence that the driver’s failure to act responsibly was the direct cause of the fatal accident.
The statute of limitations for criminally negligent homicide in Texas is three years. This means that prosecutors must bring charges within three years from the date of the incident. Exceptions to this rule are rare and typically involve unique circumstances where the statute is tolled or extended.
Criminally negligent homicide is considered a state jail felony in Texas. The penalties may include:
The consequences can vary depending on factors such as the defendant’s criminal history and the circumstances surrounding the offense.
Yes, probation may be possible for criminally negligent homicide charges, especially for first-time offenders. Probation terms might include community supervision, mandatory counseling, or participation in restorative programs. The likelihood of probation often depends on the quality of legal representation and the discretion of the judge presiding over the case.
Criminally negligent homicide is classified as a state jail felony, which is the least severe felony classification in Texas. While the penalties are significant, they are less severe than those for manslaughter or murder.
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David D. White
Austin Criminal Defense Lawyer
If you or a loved one is charged with criminally negligent homicide, securing experienced legal counsel is critical. The Law Office of David D. White, PLLC, located at 608 W 12th St Ste B, Austin, TX 78701, may be able to provide the guidance and representation you need. As a law firm deeply familiar with Austin’s legal landscape, we are committed to helping clients navigate complex criminal defense cases.
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The founder of the Law Office of David D. White, PLLC: Austin Criminal Lawyer, has been defending the rights of criminal defendants in Austin, Texas since 2008. We are a client-centered law firm where we fight to preserve the presumption of innocence on behalf of our clients in every criminal case we take. We believe that everyone is entitled to a fair trial and we strive to provide our clients with the best possible defense to ensure that this is true.
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This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was approved by attorney, David D. White who has more than 20 years of legal experience as an Austin Criminal Defense Lawyer.
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