Unlike an accident, criminally negligent homicide results from reasonably foreseeable outcomes that likely could be avoided by responsible action. In cases of criminally negligent homicide, the court finds someone at fault, even though the offense was not premeditated.
In other words, the crime hangs on a phrase parents often use, “You should have known better.”
The legal definition of criminally negligent homicide, its comparison to manslaughter, the penalties, and the potential defenses shed light on an often-misunderstood part of the Texas Penal Code.
The Texas Penal Code Section 6.03(d) states that criminally negligent homicide is: “…an unjustifiable risk of such nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.”
The code goes on to state, “With respect to circumstances surrounding his conduct or the result of his conduct when he out to be aware of [the] substantial and unjustifiable risk that the circumstances exist, or the result will occur.”
The concept of criminally negligent homicide is broad. It is one of four classes of homicide, listed here in order of severity:
As with many laws, intent plays a part in determining guilt and severity. Levels of intent range from least to most accountable as follows:
You could be considered negligent if you forgot to check your car’s brakes after noticing a slight problem in performance. Recklessness would be knowing your brakes are bad but driving the car anyway.
A knowing action is close to premeditation. You know injuries and death may occur if you drive your car into a crowd. Purpose means you drove into the crowd with the express intent of injuring or killing people.
Probably the most challenging part of this law is that an otherwise usually law-abiding citizen can face negligent murder charges.
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Criminally negligent homicide can result from actively causing death to allowing death to occur.
Speeding, driving while distracted or under the influence, failing to maintain your vehicle properly, and drag racing or games of “chicken” with your automobile can all result in a death that could be ruled a criminally negligent homicide, as can a hit-and-run auto accident.
A fight or other physical altercation and college hazing are other behaviors that could result in negligent murder. Negligent conduct also includes failure to call emergency services or leaving a child in a hot car.
Criminally negligent homicide is less severe than manslaughter, although the two crimes share some characteristics. Both involve killing another person without the element of premeditation.
However, manslaughter refers to another’s death caused by recklessness, such as a killing in the heat of passion or firing a gun randomly. A reasonable person should conclude that firing a weapon could reasonably result in someone’s death, no matter the circumstances.
Negligence, on the other hand, means the death occurred because the actor omitted specific actions even though they “should have known better.”
In Texas, criminally negligent homicide is a state jail felony, the least severe felony category existing in the Texas Penal Code. A state jail felony can result in 180 days (6 months) to two years in state jail and fines of up to $10,000. The perpetrator may also receive probation and community service.
Someone convicted for criminally negligent homicide can experience other effects of the conviction, such as a loss of civil rights and freedoms, child custody, or a job. A felony conviction in Texas takes away your right to vote, at least for a time, and can cause problems finding employment or somewhere to live.
Unfortunately, a conviction for this offense makes you ineligible for parole. If the death occurred while the defendant was on the job, that person would have difficulty finding work in the same or similar industry.
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In most crimes, the level of intent is the defining element in convictions. However, in criminally negligent homicide, you do not intend to cause the death of another person, so your attorney cannot use a lack of intent to defend you.
The prosecution bears the burden of proving the following:
The court determines how reckless and negligent your actions were in an accident to determine criminality. Your attorney develops a defense to reduce the appearance of negligence and recklessness, including evidence found at the scene.
The criminal defense attorney uses the evidence and other strategies to convince a jury you were unaware of the risk created by your actions or behavior or that your actions had no effect on the outcome.
Your lawyer tries to cast reasonable doubt on whether the action or lack thereof actually caused the death of another individual by showing proof of proper precautions and persuading a jury that you acted in the same manner as anyone else under the same circumstances.
Another defense could be that the individual would have died regardless of whether you offered help or called emergency services. Or that you had reason to believe your action was not an unreasonable risk because you had done it before without negative consequences.
A felony conviction impacts you for life. It can prevent you from working in the field of your choice or finding employment at all. It can take away rights such as voting rights or the right to own a gun. Regardless of whether it was an accident, a conviction for any murder casts a broad and irrevocable stain.
If you are charged with criminally negligent homicide, contact a criminal defense attorney immediately to get the ball rolling on an effective defense. Brett Podolsky is a trustworthy and skilled defense attorney dedicated to ensuring each client has the best legal representation possible.
