With all the different statutes relating to manslaughter, murder and homicide, it’s essential to know what the prosecutor would need to prove for you to be found guilty of negligent homicide. According to the statute in Texas, a person is guilty if they cause the death of another person by criminal negligence. This definition, however, is not particularly helpful without defining criminal negligence.
If you or someone you love has been arrested for criminally negligent homicide, and need some more information, contact Vinas & Graham, PLLC today. With decades of experience in a wide variety of practice areas, we are always here to help.
What Is Criminal Negligence?
According to the Texas Penal Code, criminal negligence is defined in the following way:
The risk must be of such a 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. A person acts with criminal negligence or is criminally negligent with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur.
In other words, a person may be found guilty of criminally negligent homicide if they should have been aware that their behavior could lead to another person’s death, and they engage in the behavior (or lack of behavior) anyway.
What Elements Must The Prosecutor Show To Prove Criminal Negligence?
To be found guilty of criminally negligent homicide, the prosecutor will have to prove the following beyond a reasonable doubt:
- Breach of Duty: The defendant neglected their reasonable duty to prevent death
- Causation: The defendant’s actions directly caused a death, and
- Risk: The defendant was aware of the risks created by their action or inaction.
Possible Sentence
If you are found guilty of criminal negligence, the penalties can be severe. You could face up to two years in jail, a fine of up to $10,000, and probation and community service.
Let Vinas & Graham, PLLC Be Your Legal Advocate For Your Negligent Homicide Charges
If you’ve been arrested, or you are being questioned or are under investigation by the police related to negligent homicide, Vinas & Graham, PLLC can help. After you’ve been arrested, the single most important thing you can do is to find a qualified attorney who is experienced and will fight for you from start to finish. The attorneys at Vinas & Graham have decades of experience in criminal law.
Both Vinas and Graham are former Felony Chief Prosecutors and spent many years training police officers and prosecutors. This experience gives them a unique perspective when it comes to defending you. Call the Law Firm of Vinas & Graham today at 713-229-9992 for a consultation or fill out the online contact form for a callback.
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