Texas Criminally Negligent Homicide Law – Penal Code 19.05

Under Texas Penal Code 19.05, criminally negligent homicide is defined as the death of another individual by an individual by criminal negligence. This means that the defendant was aware of the substantial risk of the circumstances yet failed to appreciate the degree of severity.

Examples of criminal negligence homicide include, but are not limited to, when a defendant causes the death of another individual due to:

• Texting while driving fast in a crowded neighborhood;
• Firing a deadly weapon in the air in a crown;
• Leaving a child unattended in a vehicle in hot weather.

What Is the Legal Definition of Homicide?

Homicide is the killing of a human being, including all intentional and unintentional killings. It may include several different offenses, such as intentional crimes, for example, murder and capital murder, and involuntary acts, for example, involuntary manslaughter.

Each degree or classification of homicide offenses is associated with different legal consequences. In addition, the defenses that may be available for each homicide defense will vary depending on the nature of the crime and the laws of the state.

What Is Criminal Negligence?

Criminal negligence is behavior that grossly deviates from the customary and reasonable standards of an ordinary individual. With negligence, there is no reckless conduct or intent to harm.

Instead, the defendant displayed a complete disregard or indifference for human life. In the State of Texas, criminal negligence may result in homicide charges.

Does Texas Require Intent to Charge Me With Negligent Homicide?

No, Texas does not require intent to charge a defendant with negligent homicide. The prosecution must only show that the defendant failed to recognize the substantial and unjustifiable risk of causing death to another individual.

What Is the Punishment for a Criminally Negligent Homicide Charge?

If a defendant is convicted of criminally negligent homicide, a state jail felony, in Texas, they may face:

• 180 days to 2 years in prison;
• A fine of up to $10,000;
• A combination of both.

What Is the Statute of Limitations on Criminally Negligent Homicide?

The statute of limitations for criminally negligent homicide in Texas is three years. This means that the charges against a defendant must be brought within three years from the date of the incident.

If an individual has any questions about the statute of limitations or whether it may be used as a defense in their case, they should consult with a local Texas attorney.

Are There Any Defenses for Criminally Negligent Homicide?

Yes, there are specific defenses that may be available in criminally negligent homicide cases, depending on the surrounding circumstances of the case, including:

• The victim did not die because of the defendant’s negligence;
• The defendant had no legal duty to the victim, and, therefore, they had no responsibility to the victim and can not be criminally liable for the homicide;
• The defendant was not aware of the risks that led to the victim’s death.

How Do Homicide Defenses Work?

When a homicide case is brought against a defendant, the goal of a defense may not be to completely eliminate the charges but to reduce them to a less severe offense. One common example of this is when a defense is used to lessen the charges against a defendant from first-degree murder to involuntary manslaughter.

In order to convict a defendant in a homicide case, the prosecution must show, beyond a reasonable doubt, that the defendant acted with the required mental state. For example, in a first-degree murder case, the prosecution must show that the defendant acted with intention and premeditation.

It is common for homicide defenses to be raised based on the defendant’s lack of the required mental state.

What Are Some Different Types of Homicide Defenses?

There are numerous defenses that may be available to a defendant who is facing homicide charges, including:

• Justifiable homicide: Justifiable homicides are offenses excused by the law. A justifiable homicide defense is generally a complete defense against the charge of homicide;
  • This means that if the defense is proven, it will excuse the defendant from receiving punishment or sentence for committing the crime of homicide;
• Perfect self-defense: It may be a defense to a charge of homicide if the defendant acted out of the legitimate and sensible belief that the homicide was necessary for self-defense;
• Imperfect self-defense: A defendant truthfully believed that self-defense was necessary. However, a reasonable individual would believe otherwise; the defendant could still be let off by using imperfect self-defense;
• Defense of property: Death or extreme bodily injury against another is usually not allowed as a defense to protect property. Yet, there are some situations where it may be acceptable if the defendant can establish that the perpetrator threatened their life as the property owner;
• Duress or necessity: Although infrequent, it may be possible to get a sentence lessened if the defendant shows that another individual forced them to commit the killing;
• Crime prevention: If the defendant killed another individual to stop a crime, it may be a defense if it can be demonstrated that they were reasonable in their intervention;
  • The standards will vary depending on whether the defendant was a member of law enforcement or was a civilian;
• Inability to intentionally kill: The defendant may not be competent enough to understand that they have a duty not to take another individual’s life or if the defendant cannot act on that duty. If this is the case, they may be able to use the defense that they are not able to intentionally kill;
• Insanity: It typically must be established that the defendant was not mentally sound at the time of the act and also that they lacked the needed mental state for homicide;
• Intoxication: This defense is typically used to lessen murder charges to less severe charges. Intoxication may, in some cases, render an individual unable to form the required mental state for homicide;
  • Voluntary intoxication, however, has much less influence because it is assumed that the defendant should know when to stop drinking or when their intoxicated state has become extreme;
• Diminished capacity: Diminished capacity, also referred to as a provocation, is a state of temporary insanity that occurs when the defendant is in a highly stressful situation;
  • The defendant must not have voluntarily brought on the stress, and it must be found that a reasonable individual would also have been shocked under the circumstances;
• Unconsciousness: A defendant who was unconscious when the crime occurred was unable to do the act, thereby discrediting the homicide charge;
• Reasonable mistake: To establish the required mental state to kill, the defendant must have known that the killing was unjustified and unlawful;
  • A reasonable mistake means that the defendant lacked this knowledge and, as a result, lacked the required mental state;
• Mistake of fact: The mistake of fact must offset the required mental state for the homicide charges. Also, the defendant’s conduct must have been legal had the mistaken facts been actual;
  • A mistake regarding the law, however, is generally not a defense; and
• Entrapment: Entrapment may be available if a law enforcement officer enabled, caused, or solicited an individual to commit a homicide that they would not otherwise have committed;
  • Entrapment is one of the very few exceptions to the rule that a mistake of law is not a defense to criminal charges.

Should I Talk to an Attorney About My Criminally Negligent Homicide Case?

If you are facing criminally negligent homicide charges, it is essential to consult with a Texas criminal attorney. Your lawyer can determine what defenses may be available in your case.

Your lawyer can also negotiate with the prosecution for a reduction in the charges against you or even a dismissal if supported by the facts. Homicide is a serious charge that can affect much more than your criminal record, so it is important to have legal representation.