Criminally Negligent Homicide Lawyer In Beaumont, TX
Criminally negligent homicide is the lowest homicide offense in Texas, and it is still a felony under Penal Code § 19.05. The state's theory is that a person failed to notice a deadly risk that an ordinary person would have seen, and this page covers the proof required, the penalties, the defenses and the path through Jefferson County.
What Is Criminally Negligent Homicide In Texas?
Criminally negligent homicide under Penal Code § 19.05 means causing a person's death through criminal negligence. The accused did not see a substantial and unjustifiable risk that an ordinary person would have seen, and the failure was a gross deviation from ordinary care. It is a state jail felony, and the main dispute is whether the conduct rose above a mistake.
Understanding Texas Law
How Does Texas Law Define Criminally Negligent Homicide?
Penal Code § 19.05 makes it an offense to cause an individual's death by criminal negligence. It is the one homicide offense in Texas that does not require the accused to have been aware of the danger.
Murder needs intent or knowledge. Manslaughter needs a conscious choice to ignore a known risk. This charge needs only a failure to perceive a risk that should have been perceived, and the failure must be a gross deviation from ordinary care.
That standard is higher than a mistake. Under § 6.03(d), the risk must be substantial and unjustifiable, and ordinary lapses do not meet it.
Fact patterns that have led to this charge:
- A fatal crash blamed on inattention or a momentary lapse behind the wheel
- A firearm assumed to be unloaded
- A child left unattended in a vehicle or near water
- A hazard at a home or worksite that went unaddressed
What the state must prove beyond a reasonable doubt:
- The accused caused the death of an individual
- The accused did not perceive a substantial and unjustifiable risk of death
- The risk was so plain that failing to see it was a gross deviation from the care an ordinary person would use in that setting
- The death would not have occurred without the accused's conduct, as § 6.04 requires
Civil negligence, the test in a lawsuit for money, is not enough. The criminal statute asks for a gross departure from ordinary care, and a manslaughter charge differs from this one only in mental state, so the two are often argued against each other in negotiation and in the jury charge.
Penalties And Consequences
What Are The Penalties For Criminally Negligent Homicide In Texas?
The classification looks mild next to the other homicide offenses, but it is still a felony case. These are statutory limits, not predictions for any one case.
Third degree range under § 12.35(c).
- Classification
- State jail felony, Penal Code § 19.05.
- Confinement
- 180 days to two years in a state jail facility.
- Fine
- Up to $10,000.
- Deadly weapon finding
- If a deadly weapon was used or exhibited, § 12.35(c) applies the third degree range, two to ten years in prison. A vehicle or a firearm can qualify.
- Reduced punishment
- Section 12.44 allows Class A misdemeanor punishment for a state jail felony in some circumstances.
- Record
- A felony conviction is a permanent public record and can affect work, licensing and firearm rights.
A death can also lead to a wrongful death lawsuit by the family. That claim runs on its own track, and statements made in the criminal case can matter there.
Real Questions
What Do People Ask About Criminally Negligent Homicide In Texas?
Is an accidental death ever a crime under this statute?
Can the state change the charge after the arrest?
What is the difference between a lapse and a gross deviation?
Can a vehicle count as a deadly weapon on this charge?
Is there a deadline for the state to file the charge?
Possible Defenses
How Can Criminally Negligent Homicide Be Defended?
The facts of the death are often not disputed. What is contested is whether the failure to see the risk was a gross departure from ordinary care or the kind of lapse the criminal law leaves alone.
An attorney reviews what the person could actually perceive, what information was in front of them, and what the state can prove. No result can be promised.
The records show what was knowable at that moment.
Crash data, scene photographs, 911 audio, medical records, phone records and witness accounts each bear on what an ordinary person would have noticed. Reconstruction, medical and safety experts can support the state's account or weaken it.
The rules for statements, searches and blood draws also come from the Constitution and the Code of Criminal Procedure.
Could The Risk Be Seen?
What signs, warnings or conditions were available to the person at that moment?
Lapse Or Gross Deviation?
Does the conduct go well beyond ordinary carelessness, or is it a mistake anyone might make?
Cause Of Death
Did the accused's conduct cause the death, or did another cause stand alone under § 6.04?
Statements
Were any statements to officers voluntary, warned and recorded accurately?
Medical Findings
Do the autopsy and treatment records support the cause of death the state alleges?
Deadly Weapon Language
Does the way the object was used actually support a deadly weapon allegation?
Local Process
What Happens After A Negligent Homicide Arrest In Jefferson County?
Felony procedure is the same across Texas. The court, the prosecutor and the jail are specific to Jefferson County.
Investigation
Reports, scene photographs, witness statements and, after a crash, vehicle data and any video are collected. Some people are arrested early. Others learn of the case when a warrant or summons follows an indictment.
Magistrate And Bond
After an arrest, a magistrate explains the charge and the person's rights and sets bond.
Grand Jury
The case goes to a grand jury, which can return an indictment, decline to, or indict on a different offense.
District Court
After arraignment, evidence is exchanged under art. 39.14, and the case moves toward dismissal, a plea, deferred adjudication where the law permits it, or trial.
- Where it is heard
- After indictment, in the district courts at the Jefferson County Courthouse on 1085 Pearl Street, in the Jefferson County Courthouse at 1085 Pearl Street.
- Who prosecutes
- The Jefferson County Criminal District Attorney's Office.
- Who makes the arrest
- Beaumont Police Department, Jefferson County Sheriff's Office, Texas DPS Highway Patrol, Port Arthur Police Department, Nederland Police Department, Port Neches Police Department, or Groves Police Department.
- Where you are booked
- Arrestees from every law enforcement agency in the county are booked into the county's jail system.
- If the case is appealed
- the Ninth Court of Appeals in Beaumont.
After a fatal crash, prosecutors weigh several statutes. The vehicular manslaughter page lays out how they choose, and intoxication manslaughter applies if intoxication is alleged. A deadly weapon finding changes probation and parole rules, covered on the 3g offenses page.
Next Steps
What Should You Do After A Negligent Homicide Investigation Or Arrest?
These steps are general information, not advice for any one person. A death investigation can run for months before anything is filed.
Decline An Interview
Ask for a lawyer first. What you noticed is the core of this charge.
Keep Everything
Do not delete or change phones, vehicles, photos or messages.
Write It Down
Record what you remember and share it only with your attorney.
Save Paperwork
Keep every summons, bond paper and court notice.
Stay Offline
Do not post about the event or contact the family.
Be Careful With Insurers
Ask your attorney before giving an insurance company a detailed account.
Talk to a lawyer early. Mitchell Law Firm offers a confidential conversation about a death investigation or charge in Jefferson County, and calling before charges are filed keeps the most options open.
Official Texas Sources
Read The Law Behind This Page
- Texas Penal Code Chapter 19: Murder, manslaughter and criminally negligent homicide
- Texas Penal Code Chapter 6: Culpable mental states and causation
- Texas Penal Code Chapter 12: Punishment, including state jail felonies and § 12.44
- Texas Code of Criminal Procedure Chapter 12: Limitation periods
- Texas Code of Criminal Procedure Chapter 39: Discovery of the state's evidence
- Texas Code of Criminal Procedure Chapter 42A: Community supervision
Who Handles Your Case
The Texas Lawyer Who Speaks Science
Attorney Brennon Mitchell isn't just a seasoned Beaumont trial lawyer. He's one of the few in Texas, and the entire country, to earn the prestigious title of an ACS-CHAL Forensic Lawyer-Scientist. That means he's gone beyond the courtroom and into the laboratory, receiving in-depth, hands-on training in forensic chromatography, the same kind of testing used by crime labs to try and convict Texans every day.
What does that mean for you?
It means when the state uses blood alcohol or drug testing to try to prove its case, Mr. Mitchell knows how to challenge it. He's trained to:
- Analyze lab results and spot faulty science
- Cross-examine forensic experts with precision
- Break down complex chemical evidence in plain language for juries
This is not the kind of background you find in most criminal defense attorneys, and it could make the difference between a conviction and a clean slate.
Brennon graduated from Texas A&M University School of Law and practices from offices in Orange and Conroe.
Client Reviews
What Clients Say About Brennon Mitchell
Prior results do not guarantee a similar outcome. Every case is different and is decided on its own facts.
Related Homicide Charges
Other Homicide Charges In Beaumont, TX
This charge often sits one step below a manslaughter allegation. See the full Homicide Crimes defense overview for Beaumont.
Manslaughter
A death caused recklessly. A second degree felony, 2 to 20 years, with no statute of limitations.
Vehicular Manslaughter
No Texas statute carries this name. A death caused by a driver is filed under one of four felony statutes.
Common Questions
Criminally Negligent Homicide Questions People In Beaumont Ask
What is the punishment for criminally negligent homicide in Beaumont, TX?
Under Penal Code § 19.05 it is a state jail felony, punishable by 180 days to two years in a state jail facility and a fine up to $10,000. If a deadly weapon, which can include a vehicle, was used or exhibited, § 12.35(c) moves the punishment to the third degree range of two to ten years.
How does criminal negligence differ from recklessness in Jefferson County?
Recklessness under § 6.03(c) means the person was aware of a substantial risk and consciously disregarded it. Criminal negligence under § 6.03(d) means the person was not aware of the risk but ought to have been, and the failure was a gross deviation from ordinary care. The conduct can be identical, and awareness is the dividing line.
Is a deadly car crash in Beaumont, TX automatically criminally negligent homicide?
A fatal collision is not a crime on its own terms. The state has to prove that the failure to perceive the risk was a gross deviation from the care an ordinary person would use. Ordinary carelessness that falls short of a gross deviation does not meet the definition of criminal negligence in § 6.03(d).
Can criminally negligent homicide be punished as a misdemeanor in Jefferson County?
Penal Code § 12.44 lets a court punish a state jail felony with the confinement range of a Class A misdemeanor when it finds that doing so serves the ends of justice, and it allows a prosecutor to proceed on the offense as a misdemeanor with the court's approval. Whether either option applies is decided case by case.
Which court hears criminally negligent homicide cases in Beaumont, TX?
The offense is a felony, so it goes to a Jefferson County grand jury and, if indicted, to a district court in the county courthouse on Pearl Street. The Jefferson County Criminal District Attorney's Office prosecutes felony cases there. Appeals go to the Ninth Court of Appeals in Beaumont.
Should I talk to investigators about a death in Jefferson County before I have a lawyer?
What a person noticed, or failed to notice, is the center of this charge, and a statement is often the state's best evidence of it. A person has the right to remain silent and the right to a lawyer before questioning. Anyone contacted by investigators can decline an interview politely and speak with an attorney first.
Mitchell Law Firm, PLLC
A Felony Built On What Someone Should Have Noticed
The claim at the center of this charge can be tested. Reviewing the facts early keeps options open.
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