Texas criminally negligent homicide — Penal Code § 19.05
Texas criminally negligent homicide is a criminal offense under Penal Code § 19.05. Base conduct is classified as a state jail felony; enhancements and aggravators can move the punishment range higher. Below: the controlling statute text, the full punishment range, common defense theories, and what to do if you have been charged in Collin, Dallas, Denton, or Tarrant County.
Co-Founding Partners
Texas Bar verified. Reggie London (Texas Bar No. 24043514) and Njeri London (Texas Bar No. 24043266) are the co-founding partners of L and L Law Group, PLLC — based at 5899 Preston Rd, Suite 101 in Frisco, Texas (Collin County), with many 5-star Google reviews, and available 24/7 for criminal defense consultations.
Bottom line up front: Texas Penal Code § 19.05 defines criminally negligent homicide as causing the death of another by criminal negligence — the lowest culpable mental state in homicide statutes. Unlike manslaughter (recklessness) or murder (intent or knowledge), criminal negligence under § 6.03(d) requires only that the defendant "ought to have been aware" of a substantial and
Classification: State jail felony
Punishment range: 180 days to 2 years state jail and up to $10,000 fine
The controlling statute
Texas Penal Code § 19.05 defines criminally negligent homicide as causing the death of another by criminal negligence — the lowest culpable mental state in homicide statutes. Unlike manslaughter (recklessness) or murder (intent or knowledge), criminal negligence under § 6.03(d) requires only that the defendant "ought to have been aware" of a substantial and unjustifiable risk that death would result.
Classification & punishment range
| Element | Detail |
|---|---|
| Statute | Texas § 19.05 |
| Cluster | Violent Crimes |
| Classification | State jail felony |
| Range | 180 days to 2 years state jail and up to $10,000 fine |
| Last reviewed | 2026-05-13 |
Elements the State must prove
To convict on a Texas § 19.05 charge, the State must prove every element beyond a reasonable doubt:
- Causing the death of another individual
- Acting with criminal negligence (Penal Code § 6.03(d))
- A reasonable person in the defendant's position would have been aware of the risk
- Failure to perceive the risk was a gross deviation from ordinary care
Defense strategies we use
L and L Law Group, PLLC develops the following defense strategies on every Texas Criminally Negligent Homicide case:
- Insufficient evidence of criminal negligence (mere accident or ordinary negligence is not enough)
- Causation defense (intervening cause broke the chain to defendant's conduct)
- Self-defense and defense of third party under Penal Code Chapter 9
- Lesser-included instruction strategy (negotiate to a Class A misdemeanor or below)
- Suppression of incriminating statements (Miranda + Article 38.22)
- Forensic and expert challenges to cause of death
Enhancements & collateral consequences
When committed with a motor vehicle while intoxicated, the charge generally rises to Intoxication Manslaughter under Penal Code § 49.08 (2nd-degree felony). When the victim is a public servant, peace officer, or judge engaged in official duty, the offense may be enhanced.
Key Legal Terms
- Criminal Negligence (§ 6.03(d))
- The lowest culpable mental state under Texas law — the defendant *ought to have been aware* of a substantial and unjustifiable risk. The failure to perceive must be a gross deviation from ordinary care.
- State Jail Felony (§ 12.35)
- 180 days to 2 years confinement in a state jail facility (no parole, flat time), plus up to a $10,000 fine. Probation is available.
- Causation (§ 6.04)
- A defendant is criminally responsible if the result would not have occurred but for his conduct, operating either alone or concurrently with another cause.
In our practice defending Texas criminal cases, we have represented clients in Collin, Dallas, Denton, and Tarrant County criminal courts on the full Texas Penal Code and Health & Safety Code spectrum. Reggie's prosecutor background in Dallas County means we know the State's evidentiary playbook; Njeri's trial-trained motion practice anchors the suppression-driven defense work.
Frequently Asked Questions
What is the difference between manslaughter and criminally negligent homicide in Texas?
Is criminally negligent homicide a felony in Texas?
Can criminally negligent homicide be charged for a traffic fatality?
What is "criminal negligence" under Texas Penal Code § 6.03(d)?
Can a criminally negligent homicide case be dismissed in Texas?
References & Authoritative Sources
About the Authors
Charged with Texas Criminally Negligent Homicide? Talk to L and L Law Group.
Co-founding partners Reggie London and Njeri London personally handle every case. Free consultation. Frisco, Texas.
Call (972) 370-5060