What Is Criminally Negligent Homicide in Texas?

In the middle of the night, you get a call from the police saying that someone you love was killed in a crash on I-45 near The Woodlands. Weeks later, you learn that the driver was charged with criminally negligent homicide. The name of the charge doesn’t sound serious enough, and you’re wondering what it means.

Texas Law on Criminally Negligent Homicide

Criminally negligent homicide means causing a person’s death by failing to use the level of care that a reasonable person would have used in the same situation. According to Texas Penal Code § 19.05, it is classified as a state jail felony—the least serious homicide charge in Texas—because it involves the lowest level of criminal responsibility.

Most families first hear about this charge after a fatal traffic crash, and they are often stunned that causing a death on the road is not met with a harsher charge.

Four Culpable Mental States in Texas Homicide Cases

Texas classifies its homicide charges according to what was happening in the driver’s mind at the time of the crash. Penal Code § 6.03 details four culpable mental states:

1. Intentional
2. Knowing
3. Reckless
4. Criminally negligent

The charge an at-fault driver faces is based on the mental state that a prosecutor can actually prove. If the evidence points to the lowest mental state (criminally negligent), then the charge is criminally negligent homicide.

Criminally Negligent Homicide vs. Manslaughter in Texas

To receive a manslaughter charge, the driver must have known about a real risk and chosen to ignore it. To receive a criminally negligent homicide charge, the driver should have seen the risk but didn’t. That distinction is why manslaughter carries a more severe penalty under Penal Code § 19.04.

Intoxication Manslaughter vs. Criminally Negligent Homicide in Texas

If drugs or alcohol played a role in the crash, prosecutors frequently charge the at-fault driver with intoxication manslaughter under Penal Code § 49.08, which is a more serious offense.

If a drunk driver caused your loss, it’s important to understand your rights as a drunk driving victim.

What Is the Sentence for Criminally Negligent Homicide in Texas?

As a state jail felony, a criminally negligent homicide sentence is typically 180 days to 2 years in a state jail facility, plus a fine of up to $10,000, according to Penal Code § 12.35.

A shorter sentence reflects the charge that the prosecutor could prove, not the severity of your loss. Additionally, it does not stop your family from pursuing a separate civil claim, which is why it is worth exploring the damages that a wrongful death claim can cover.

How Criminal Charges Affect Wrongful Death Claims

A criminal case and a civil wrongful death claim are two separate legal actions with different goals and different evidence requirements. If the at-fault driver receives a plea deal, a lesser charge, or even an acquittal, your family is still entitled to file a wrongful death claim under Texas’s Wrongful Death Act.

Texas Civil Practice and Remedies Code Chapter 71 allows certain family members to recover damages for the loss of a spouse, parent, or child.

How Long Do You Have to File a Wrongful Death Claim?

Your civil claim has its own deadline. CPRC § 16.003 gives your family two years from the date of the death to file your claim.

This is separate from the criminal timeline, and the criminal process does not control the deadline of your civil claim. Our guide to the wrongful death statute of limitations in Texas provides details on the timeline.

Work with an Attorney on Your Wrongful Death Claim in Texas

Losing someone you love to another driver’s carelessness leaves your family struggling with grief, hard questions, and an unfeeling legal system. But the criminal charge is only one part of the story, and it does not determine what your family can recover.

Angel Reyes & Associates has guided Texas families through wrongful death claims for over 30 years, with more than $1 billion recovered for clients. You pay no fees or expenses unless we win. Schedule a free consultation to discuss your options today.

Past results do not guarantee future outcomes.