Criminally Negligent Homicide Attorney in Denton, TX
What is Criminal Negligence?
Criminal negligence means acting in a reckless manner without reasonable caution and putting someone else at risk of serious bodily harm or death, or a gross deviation from the general standard of care. The main difference between civil negligence and criminal negligence is that the former refers to when a person fails to exercise reasonable care, while the latter involves a negligent act so egregious that it could possibly lead to serious injury or death.
Criminally Negligent Homicide Laws in Texas
Criminally negligent homicide is listed as one of the 4 forms of criminal homicide found under §19.01 of the Texas Penal Code. A criminal homicide occurs when an individual intentionally, knowingly, recklessly, or with criminal negligence causes the death of another individual.
Criminally negligent homicide, as per §19.05 of the Texas Penal Code, occurs when a person causes the death of an individual by criminal negligence. Manslaughter and criminally negligent homicide are the two criminal homicide charges which can be committed without the intention of causing death - Manslaughter occurs out of recklessness (failing to consider the consequences of one’s actions, or knowing the consequences but doing the action anyways), while criminally negligent homicide occurs out of an individual’s lack of due diligence or lack of precautions. Manslaughter charges might arise from incidents like throwing rocks at passing cars, while criminally negligent homicide charges may arise from situations resembling leaving a baby in a hot parked car.
Criminally negligent homicide is a State Jail Felony and carries with it a term of confinement in a state jail (not federal prison) no less than 180 days and no more than two years. Additionally, a $10,000 fine may be levied against an individual found guilty of criminally negligent homicide.
If you have been accused of homicide related to criminal negligence in Denton County, do not hesitate to let the Law Offices of Tim Powers defend you inside and outside the courtroom. Call (940) 580-2899 or fill out our online contact form today to schedule a free consultation!