Criminally Negligent Homicide: What It Is and How It Happens

 Posted on February 13, 2025 in Violent Crimes

When someone is charged with criminally negligent homicide in Texas, it means they are accused of causing another person’s death by acting carelessly or recklessly. This is a serious charge, and a conviction can lead to jail time, fines, and a permanent criminal record.

If your loved one has been arrested for criminally negligent homicide, you need to understand what the charge means, how these cases work, and what legal options are available. An experienced Texas criminal defense attorney can help fight for your loved one’s future.

What Is Criminally Negligent Homicide?

In Texas, homicide means causing another person’s death. Criminally negligent homicide is one of the less severe types of homicide charges, but it still carries harsh penalties. Under Texas law, a person commits criminally negligent homicide when they cause someone’s death by acting with criminal negligence.

"Criminal negligence" means a person failed to recognize that their actions created a serious risk of death, even though any reasonable person would have seen the danger. This is different from murder or manslaughter because the person did not mean to kill anyone, and they may not have even realized they were putting someone at risk. However, the law says they should have realized it.

If convicted, a person can face up to two years in a Texas state jail and a fine of up to $10,000. While this is not as severe as a murder charge, it is still a felony that can have lifelong consequences.

Examples of Criminally Negligent Homicide

There are many situations where someone may be charged with criminally negligent homicide. These cases usually involve accidents, but accidents caused by carelessness or recklessness.

For example, people have been charged for playing with guns in a reckless way. If someone points an "unloaded" gun at a friend as a joke and pulls the trigger — only to realize the gun was actually loaded and kills them — that person could face criminally negligent homicide charges. The law assumes that any responsible gun owner should check if a gun is loaded and never point it at another person.

Another example is leaving a child in a hot car. If a parent or caregiver forgets a child in a vehicle on a hot Texas day and the child dies, the adult may be charged with criminally negligent homicide. The law assumes they should have known the extreme risk of leaving a child in those conditions.

Finally, a last example that can lead to particularly tragic deaths involving young children is lighting fireworks in an unsafe way. If one person lights a large firework, but instead of pointing it toward the sky, they aim it sideways, the firework can shoot unpredictably at people, cars, and houses. Even though the person who lit the fireworks did not mean to hurt anyone, they should have known that handling fireworks recklessly could lead to death.

Defending Against Criminally Negligent Homicide Charges

If your loved one has been charged with criminally negligent homicide, they need strong legal representation. There may be ways to challenge the charges. A defense attorney can argue that the death was a tragic accident, not a crime, or that the accused person’s actions were not actually negligent under the law. The goal is to get the charges reduced or dismissed whenever possible.

Call for a Free Consultation with a Houston Criminal Defense Attorney

A criminally negligent homicide charge is serious, but a strong defense can make a difference, especially if the person who is accused does not have a criminal history. If you or a loved one has been arrested, do not wait to get legal help. Our aggressive, experienced Houston, TX criminal defense attorney at Murphy & McKinney Law Firm, P.C. can review the case, explain your legal options, and fight for the best possible outcome. Call 713-229-8333 today for a free consultation.