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Criminally 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.
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.
“When you hire this firm, you get a named attorney from intake through resolution. The lawyer who explains your case at signing is the lawyer who appears at every setting. We do not hand cases off to whoever is at docket call.”
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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David D. White founded the Law Office of David D. White, PLLC and has practiced criminal defense exclusively since 2004. The firm represents clients across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop counties. Three attorneys handle each case as a team — weekly case reviews and shared Clio notes — and by the first consultation, the firm has obtained the Probable Cause Affidavit, read it, and identified the state’s evidentiary weak points.
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This page was written and reviewed by the attorneys at the Law Office of David D. White, PLLC, following our editorial guidelines. The firm has practiced criminal defense exclusively since 2004 across Travis, Williamson, Hays, Caldwell, Lee, Coryell, Bell, Burnet, Milam, and Bastrop County courts. The firm’s three attorneys — David White (managing attorney, practicing criminal defense exclusively since 2004), Kenneth Hines (associate, practicing Caldwell County courts since 2008; former General Counsel to the Texas Senate Jurisprudence Committee, 2010–2012), and Taylor Kacir (associate; former Senior Misdemeanor County Attorney, Bell County Attorney’s Office) — work each case as a team via weekly case reviews and shared Clio notes.
608 West 12th Street, Suite B Austin, TX 78701
706 Rock St, Georgetown, TX 78626
512-369-3737
get directions