In Texas, an individual may be held liable for certain offenses if their actions are found to demonstrate “criminal negligence.” While the term “negligence” typically refers to a civil standard used in lawsuits for financial compensation, the court has determined that criminal negligence is distinct from ordinary civil negligence. If you are facing a criminal negligence charge in Texas, it is in your best interest to contact an experienced Dallas County Criminal Lawyer who can assist you during these difficult times.
How Does Texas Law Define Criminal Negligence?
In the Texas Penal Code, criminal negligence is defined as one of the four key mental states (alongside intentional, knowing, and reckless) used to determine a person’s culpability. An individual acts with criminal negligence when they fail to recognize a substantial and unjustifiable risk that a specific outcome will occur or that certain conditions exist, even though they should have been aware of that risk.
The law mandates that this unperceived risk must be significant enough that the failure to notice it constitutes a gross deviation from the level of care a reasonable, ordinary person would exercise under the same circumstances. This goes beyond a simple mistake or error in judgment; it represents a degree of carelessness that a more reasonable person would find unacceptable.
How Does Criminal Negligence Differ from Civil Negligence?
The concept of negligence is commonly encountered in civil litigation in Texas, such as in personal injury lawsuits arising from auto accidents. Civil negligence is essentially failing to use ordinary care, which then causes harm. Criminal negligence, on the other hand, is judged much more strictly. To convict someone, the government has to prove the person wasn’t just careless, but that their failure to see a serious risk was a huge mistake compared to what a responsible person would have done.
It should be noted that not every careless act is a crime. You might have to pay monetary damages for being ordinarily careless, but you only face criminal charges if your actions were so dangerous, and you were so blind to the risk, that the law thinks you deserve criminal punishment. Examples of criminal negligence in Texas include:
- Vehicular homicide
- Manslaughter
- Homicide
- Mishandling firearms or dangerous tools
- Injury to a child, elderly individual, or disabled individual
What Are the Potential Penalties?
The penalty for a criminal negligence offense depends on the specific crime. For instance, criminal negligent homicide is usually classified as a state jail felony with a sentence of months to two years, plus hefty fines. Other negligence-based crimes can be misdemeanors or felonies, varying by the resulting harm and the status of the victim. It is important to understand that even a misdemeanor conviction can have serious collateral consequences.
Fortunately, there are various defenses you may be able to utilize to help fight the charges raised against you. One strategy is to argue that the risk was not substantial or unjustifiable by demonstrating that the situation was less dangerous, the risk was remote, or the defendant’s actions were commonly accepted as reasonable. Another defense is conceding a mistake but arguing it was ordinary negligence, not a gross deviation of standard care.
To safeguard your rights and your future when facing a criminal negligence charge in Texas, the most vital action you can take is to consult with an attorney at Spangler Law.
