What is the Difference Between Manslaughter and Criminally Negligent Homicide?
If you are facing charges for causing another person’s death in Texas, but if the prosecution is not alleging that you acted with intent, you are likely facing charges either for manslaughter or criminally negligent homicide. Generally speaking, the offense of murder under Section 19.02 of the Texas Penal Code is defined in part by intent — intentionally or knowingly causing a person’s death or serious bodily injury that ultimately results in death. Yet neither manslaughter nor criminally negligent homicide charges result from another person’s alleged intention to cause harm. Instead, both types of charges arise from various degrees of careless or neglectful behavior. Our Texas homicide defense lawyer can explain in more detail.
Understanding Manslaughter Charges in Texas
Under the Texas Penal Code, charges for manslaughter are more serious than charges for criminally negligent homicide, though both are felony offenses. Manslaughter is typically charged as a felony of the second degree but can be charged as a felony of the first degree in some circumstances. Under Section 19.04 of the Texas Penal Code, a person can face charges for manslaughter if “he recklessly causes the death of an individual.”
The keyword here is “recklessly.” According to Texas law, “a person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur.” Further, “the risk must be of such a nature and degree that its disregard 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.”
Understanding Criminally Negligent Homicide Charges in Texas
Criminally negligent homicide charges are similar to but distinct from manslaughter charges. Criminally negligent homicide is typically a state jail felony (the least serious type of felony) and can be charged if a person “causes the death of an individual by criminal negligence.” How does criminal negligence relate to recklessness, as discussed above?
Under Texas law, “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 addition, “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.”
In effect, the key distinction is that, for manslaughter, a person knows of the risk and takes it anyway, whereas with criminally negligent homicide, the person should have known of the risk but did not recognize it.
Contact an Experienced Texas Homicide Defense Attorney for Assistance Defending Against Manslaughter or Criminally Negligent Homicide Charges
Are you currently facing charges for manslaughter or criminally negligent homicide? While these charges are not as serious as a murder charge in Texas, they are both types of felony offenses that can result in significant terms of imprisonment if you are convicted. In addition, you will have a felony criminal record that can have long-lasting consequences. The best way to defend against the charges you are facing is to get in touch with one of the experienced Texas homicide defense lawyers at John Reed, Attorney at Law as soon as possible. We can begin working with you on defense strategy today. Contact our firm to learn more about the criminal defense services we provide.
Sources:
codes.findlaw.com/tx/penal-code/penal-sect-19-04/
codes.findlaw.com/tx/penal-code/penal-sect-19-05/
