Criminally Negligent Homicide Lawyer In Conroe, TX
Criminally negligent homicide is the lowest homicide offense in Texas, and it is still a felony. Penal Code § 19.05 applies when the state says a person should have recognized a deadly risk, did not, and someone died. This page explains the elements, the penalty range, the defenses and the process in the county.
What Is Criminally Negligent Homicide In Texas?
Criminally negligent homicide under Texas Penal Code § 19.05 means causing a death through criminal negligence. The person failed to 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 question is whether the conduct went beyond an ordinary mistake.
Understanding Texas Law
How Does Texas Law Define Criminally Negligent Homicide?
Texas Penal Code § 19.05 makes it a crime to cause the death of an individual by criminal negligence. Every other homicide offense in Chapter 19 asks what the person intended, knew or consciously chose. This one asks what the person failed to notice.
That is why it shows up in cases where nobody meant harm. A caregiver who looks away while a toddler is near water. A crew member who leaves a hazard uncovered on a job site. A driver whose eyes leave the road for several seconds. In each, the question is whether the failure to notice was serious enough to be a crime.
Section 6.03 separates the two lower mental states.
- Reckless, § 6.03(c): aware of a substantial and unjustifiable risk and consciously disregarding it. This supports manslaughter.
- Criminally negligent, § 6.03(d): should have been aware of that risk and was not. This supports criminally negligent homicide.
What the state must prove beyond a reasonable doubt:
- The person caused the death of an individual
- The person did not perceive a substantial and unjustifiable risk of death that they should have perceived
- Failing to perceive it was a gross deviation from the care an ordinary person would use in the same circumstances
- The death would not have happened but for the person's conduct (Penal Code § 6.04)
The negligence standard used in a civil injury lawsuit is not enough. The criminal law asks for a gross deviation, which is a much higher bar than an ordinary lapse.
Penalties And Consequences
What Are The Penalties For Criminally Negligent Homicide In Texas?
A state jail felony is the lowest felony level in Texas, but a deadly weapon finding can raise the range to the third degree. These are statutory limits, not predictions of what will happen in any one case.
Third degree punishment under § 12.35(c).
- Classification
- State jail felony under Penal Code § 19.05.
- Confinement
- 180 days to 2 years in a state jail facility.
- Fine
- Up to $10,000.
- Deadly weapon finding
- Punished as a third degree felony, 2 to 10 years in prison, when a deadly weapon was used or exhibited. A vehicle or a firearm can qualify.
- Misdemeanor punishment
- Penal Code § 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 firearm rights, work and licensing.
A death can also lead to a civil wrongful death claim by the family. It runs on its own track, and what a person says in the criminal case can reach it.
Real Questions
What Do People Ask About Criminally Negligent Homicide In Texas?
Is every fatal accident a crime?
Can the charge change after an arrest?
What does a gross deviation look like?
Can a motor vehicle be 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. The contested question is whether the failure to see the risk was a gross deviation from ordinary care or the kind of lapse the criminal law does not reach.
An attorney weighs what the person could truly have seen, what information was in front of them, and what the state is able to prove. No result can be promised.
The evidence shows what was knowable.
Scene photographs, 911 audio, medical records, phone records and witness statements all bear on what an ordinary person would have noticed. Experts in reconstruction, medicine or safety standards can support or weaken the state's account.
The Texas Constitution and the Code of Criminal Procedure also set rules for how statements, searches and records must be obtained.
Was The Risk Visible?
What signs, warnings or information did the person have at that moment?
Gross Deviation Or Lapse?
Does the conduct go beyond ordinary carelessness, or is it a mistake many people could make?
Causation
Did the person's conduct cause the death, or was another cause enough on its own under § 6.04?
Statements
Were any statements to officers voluntary, accurate and properly recorded?
Cause Of Death
Do the autopsy and medical records support the cause the state alleges?
The Level Of Charge
Is a deadly weapon allegation backed by how the object was actually used?
Local Process
What Happens After A Negligent Homicide Arrest In Montgomery County?
Felony procedure follows Texas law statewide. Where the case is heard, who prosecutes it and where a person is held are specific to Montgomery County.
Investigation
Many of these cases do not begin with an arrest at the scene. Investigators gather witness accounts, records, photographs and video, sometimes for weeks, before the file reaches a prosecutor.
Magistrate And Bond
After an arrest, a magistrate explains the charge and the person's rights and sets bond.
Grand Jury
The District Attorney's Office presents the case. The grand jury can indict on this offense, on a different one, or decline to indict.
District Court
An indicted case moves through arraignment and discovery under art. 39.14 toward a dismissal, a plea, deferred adjudication where the law allows it, or a trial.
- Grand jury
- The case is presented to a Montgomery County grand jury, which decides whether to indict.
- Where it is heard
- After indictment, in the district courts at the Montgomery County Criminal Justice Center on 207 W Phillips St, at 207 W Phillips St.
- Who prosecutes
- The Montgomery County District Attorney's Office.
- Who makes the arrest
- Conroe Police Department, Montgomery County Sheriff's Office, Texas DPS Highway Patrol, Montgomery County Constables, Precincts 1 through 5, Willis Police Department, Shenandoah Police Department, Oak Ridge North Police Department, Magnolia Police Department, Splendora Police Department, or Roman Forest Police Department.
- Where you are booked
- The Montgomery County Jail at 1 Criminal Justice Drive, run by the Montgomery County Sheriff's Office.
- If the case is appealed
- the Ninth Court of Appeals in Beaumont.
The charge can move up as well as down. See manslaughter for the reckless version, and vehicular manslaughter for how prosecutors choose a statute after a fatal crash. A deadly weapon finding also brings the rules described on the 3g offenses page.
Next Steps
What Should You Do After A Negligent Homicide Investigation Or Arrest?
A death investigation can run for months before a charge is filed. These steps are general information, not advice for any one person.
Hold Off On Interviews
Talk to a lawyer before any interview. What you noticed is the core of a negligence case.
Keep Everything
Do not delete or alter phones, photos, messages or the vehicle.
Write It Down
Record what you remember while it is fresh, and share it only with your attorney.
Save The Paperwork
Keep every summons, bond paper and court notice.
Stay Off Social Media
Do not post about the event or contact the family.
Be Careful With Insurers
Ask your attorney before giving an insurer a detailed account.
Talk to a lawyer early. A conversation with Mitchell Law Firm about a death investigation in Montgomery County is confidential, and calling before charges are filed can keep more 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 Conroe 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 Conroe, TX
Criminally negligent homicide sits one step below manslaughter, and the gap between the two is a single question about awareness. See the full Homicide Crimes defense overview for Conroe.
Manslaughter
A death caused by reckless conduct under § 19.04. A second degree felony with a 2 to 20 year range and no limitation period.
Vehicular Manslaughter
Not a Texas statute. A fatal crash is charged under one of four felonies, from state jail felony to second degree.
Common Questions
Criminally Negligent Homicide Questions People In Conroe Ask
What is the sentence for criminally negligent homicide in Conroe, TX?
Criminally negligent homicide under Penal Code § 19.05 is a state jail felony, with 180 days to 2 years in a state jail facility and a fine of up to $10,000. If the court finds a deadly weapon was used or exhibited, and a motor vehicle can qualify, § 12.35(c) moves the punishment to the third degree range of 2 to 10 years. The sentence in a given case is set by the judge or jury.
How is criminally negligent homicide different from manslaughter in Montgomery County?
The difference is awareness of the risk. Manslaughter requires proof that the person knew of a substantial and unjustifiable risk and consciously ignored it. Criminally negligent homicide requires only that the person should have known and failed to perceive it. The same event can support either charge, depending on what the evidence shows about the person's state of mind.
Does ordinary carelessness make someone guilty of negligent homicide in Conroe, TX?
Criminal negligence under Penal Code § 6.03(d) asks for more than the carelessness that supports a civil lawsuit. The failure to notice the risk must be a gross deviation from the care an ordinary person would use in the same situation. A lapse that falls short of a gross deviation does not meet the definition, even when the result was tragic.
Can a state jail felony be punished as a misdemeanor in Montgomery County?
Penal Code § 12.44 gives a court a path to Class A misdemeanor punishment for a state jail felony when it finds that result serves the ends of justice. It also lets a prosecutor, with the court's consent, proceed on the offense as a Class A misdemeanor. Whether either route is used is decided case by case.
Which court hears a criminally negligent homicide case in Conroe, TX?
Because it is a felony, the Montgomery County District Attorney's Office presents it to a grand jury. After an indictment, the case is heard in a district court at the Criminal Justice Center, 207 W Phillips St, where the District Attorney's Office is also located. Misdemeanor cases sit in a separate building.
Should I speak with investigators about a death in Conroe, TX before hiring a lawyer?
Statements are a main source of proof about what a person noticed, and that is the central issue in a negligence case. A lawyer can explain your rights before any interview, review what has already been said and deal with investigators on your behalf. Anyone who learns they are under investigation can talk with an attorney before giving a statement.
Mitchell Law Firm, PLLC
Your Freedom Is Our Fight
A negligent homicide charge rests on a claim about what someone should have noticed. The sooner that claim is tested against the evidence, the more options remain.
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