If you kill someone on purpose, you’ll end up in jail. However, you can also end up incarcerated if you kill someone by accident. For example, a crime of passion may end in death. While a person may not have meant to kill someone else, they may have killed them as the result of anger, reckless driving, or college hazing. 

In these cases, you need to speak to a criminal defense attorney immediately.

Homicide Charges for Accidental Killings

Needless to say, an accidental killing can change your life forever. Killing someone in Texas may fall under one of the various charges. For accidental killings, the court may charge a defendant for involuntary manslaughter or criminally negligent homicide.

Involuntary Manslaughter and Criminally Negligent Homicide

An example of an accidental killing, involuntary manslaughter results from a reckless act that was not done with the intent to kill. A classic example is a drunk driving crash where the intoxicated driver ends up killing the other driver. 

If the death is truly an accident, a defendant may still face charges of criminally negligent homicide. To show that a defendant is guilty of this charge, a prosecutor must prove that the person knew or should’ve known that what they were doing was risky and could lead to death. If a reasonable person would not have taken this action, given the same circumstances, the prosecutor could have a strong case.

You should discuss your case with a criminal defense attorney if you’re facing this charge because they can help you better understand your rights. They can also get you through each step of the legal process. Criminally negligent homicide is classified as a state jail felony in Texas – the least severe of felony charges. Nevertheless, it still carries as many as two years’ prison time and up to $10,000 in fines. You’ll also have a permanent criminal record.

Needless to say, the circumstances of the death and your intent are scrutinized when a killing is accidental. If you’re engaged in lawful behavior or were driving safely, for instance, you won’t be charged. However, if you unlawfully fired a gun, the court will consider whether you tried to help the victim or took responsibility for your behavior. While the loss of life is tragic, the law in the Lone Star State does aim to clarify what acts are intentional or violent and what acts were not negligent, although unfortunate.

Again, accidental killings may happen in the heat of passion or moments of carelessness, but that doesn’t mean you’ll automatically end up behind bars in Texas. That’s why it’s important to review each detail.

For instance, if you were handling a firearm that discharges and kills someone, you might avoid jail – as long as you weren’t pointing the weapon at the victim or behaving recklessly. That holds, as well, for a car collision. People who are driving the speed limit or obeying traffic laws are not likely to get locked up.

Intoxication Manslaughter

In some instances, a person may be killed if the defendant was committing another crime, like robbery – all of which can lead to some stiffer penalties. Intoxication often plays a role in accidental killings as well. In this case, you might land in jail on the charge of intoxication manslaughter.

Of course, every case is different, so speak to a criminal defense attorney in Texas to understand your rights and the details of the charges against you. While accidental killings are tragic, the law provides opportunities for a lesser punishment in truly unintentional circumstances. The key is to act responsibly to avoid dangerous situations in the first place.

How to Avoid Accidental Killings and Their Legal Ramifications

Accidental killings are tragic events that often come with legal consequences, even if unintentional. To avoid potential charges or jail time in Texas, there are a few precautions you should take.

Handle Firearms Safely

If you own a gun, practice responsible gun ownership. Keep your firearms unloaded and locked in a secure cabinet – stored separately from the ammunition. Never point a gun at anything you do not intend to shoot. Make sure you are properly trained on how to handle and store a firearm before it’s used.

Drive Carefully

Reckless driving is a major cause of accidental deaths. Obey the speed limit, avoid distracted driving, and never drive while under the influence of drugs or alcohol. 

Contact a Criminal Defense Lawyer

To make sure you receive a fair outcome in any criminal case, you need to speak to a criminal defense lawyer. In Texas, contact David D. White, PLLC, today.