Texas has many degrees of homicide, even though the state does not refer to the crimes in that fashion. There are four levels of homicide charges in Texas. They range in punishment from a state jail felony all the way up to the potential for life in prison or even the death penalty. None of those sounds attractive, and any of the sentences for homicide, even the lowest, has the potential to ruin your life if convicted – not to mention the life of the person who dies, and the people who loved that person. Sadly, some homicide charges in Texas – like most states – do not require that you meant for the other person to die. In Texas, that includes criminally negligent homicide.
Criminally Negligent Homicide is the Least Serious of All Homicide Charges
Criminally negligent homicide is the lowest degree of homicide charges in Texas. To commit the crime means only that you caused another person’s death through criminal negligence. That might sound a little circular, but criminal negligence consists of negligently failing to perform a duty that you are required to perform for the benefit of others. Under Texas law, that means that a person should realize that their conduct will create a “substantial and unjustifiable risk” to others because of the circumstances it will create. Further, the risk must be such that failing to see the risk is a “gross deviation” from the care a reasonable person would exercise under the circumstances.
If you work at a job maintaining equipment, for instance, and through your own negligence fail to keep that equipment in proper working order, you could be found guilty of criminally negligent homicide if that equipment does not work properly as a result of your negligence and the equipment failure causes someone’s death. It could be manufacturing equipment, power tools, fair rides, or any other equipment that you are responsible for maintaining. The key is negligence. If you maintain equipment properly and it fails anyway, that is not your fault. However, if you, for example, sign a form that says you performed maintenance on equipment, or that you performed all required maintenance on the equipment but did not, that could be criminal negligence if the equipment fails and the failure results in someone’s death. There are other instances where the state could charge criminally negligent homicide, but all involve a failure to exercise the required level of care to prevent injury.
As a state jail felony, criminally negligent homicide is punishable by no more than two years in jail, and no less than 180 days. In addition, you could be subject to up to a $10,000 fine.
If You are Facing Criminally Negligent Homicide Charges, Call Madrid Law Firm
No homicide charge is good, but criminally negligent homicide charges offer some of the best possible defenses. The state must prove that you were not just negligent, but criminally negligent. To take advantage of the available defenses if you are charged with this crime in Houston, contact Madrid Law Firm. We can help.
