Criminally negligent homicide in Denton County is a state jail felony punishable by up to two years in jail, a $10,000 fine, and the permanent consequences of a felony conviction. Even though the charge does not allege intent to kill, a conviction can still derail your career, limit your rights, and follow you for the rest of your life. Early legal intervention is critical to protecting your record and your future.
Varghese Summersett has defended countless homicide cases in North Texas. Our team includes board-certified criminal law specialists and former chief prosecutors who understand how these cases are built, charged, and prosecuted—and how to dismantle them. We approach every case with meticulous preparation, strategic precision, and an unwavering commitment to protecting our clients’ rights. From the earliest investigation through trial, we are prepared to challenge the prosecution at every stage.
These cases often draw intense media attention, and our team is experienced in handling high-profile matters while protecting our clients both inside and outside the courtroom.
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What Makes Criminally Negligent Homicide Different From Other Homicides?
People often confuse criminally negligent homicide with murder or manslaughter. The difference comes down to the mental state required. Murder requires intentional or knowing conduct. Manslaughter requires reckless conduct. Criminally negligent homicide requires only negligence.
This distinction matters because it affects both the severity of the charge and the available defenses. While murder is a first or second degree felony and manslaughter is a second degree felony, criminally negligent homicide is “only” a state jail felony. But a state jail felony conviction still carries up to two years in jail and permanent consequences.
The key questions are: What exactly is criminal negligence? How does it differ from ordinary negligence? And what must the prosecution prove?
The Legal Definition Under Texas Law
Under Texas Penal Code § 19.05, a person commits criminally negligent homicide if they cause the death of an individual by criminal negligence.
The statute is deceptively short. The real work comes in understanding what “criminal negligence” means. Under Texas Penal Code § 6.03(d), a person acts with criminal negligence when they ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur, and 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.
That’s a mouthful. In practice, it means the person failed to perceive a risk that a reasonable person would have noticed, and that failure was a gross deviation from normal behavior.
What the Prosecution Must Prove Beyond a Reasonable Doubt
In every criminal case, the burden of proof rests entirely on the State of Texas. The defendant has no obligation to prove innocence. The prosecution must prove guilt beyond a reasonable doubt.
For criminally negligent homicide, the prosecution must establish three elements beyond a reasonable doubt:
1. The defendant caused the death of an individual. Causation requires proof that the defendant’s conduct was a substantial factor in bringing about the death. The death doesn’t have to be immediate or the sole cause, but the defendant’s actions must have materially contributed to the outcome.
2. The defendant acted with criminal negligence. This means the defendant ought to have been aware of a substantial and unjustifiable risk. The prosecution must show not just ordinary carelessness, but a gross deviation from the standard of care that an ordinary person would exercise.
3. The death occurred in Denton County, Texas. Venue matters in criminal prosecutions. The State must prove the offense occurred within the territorial jurisdiction of the court.
The prosecution must prove each element beyond a reasonable doubt. This is the highest burden of proof in American law. It doesn’t mean absolute certainty, but it means the evidence must be so convincing that a reasonable person would not hesitate to rely on it in making important decisions in their own life.
Penalties and Consequences
Criminally negligent homicide is a state jail felony under Texas law. The punishment range includes:
- 180 days to 2 years in state jail
- Up to $10,000 fine
- Permanent felony conviction on record
- Potential for enhanced punishment if prior felony convictions exist
State jail felonies operate differently from other felony categories. Defendants convicted of state jail felonies are not eligible for parole, but they may be eligible for good conduct time that can reduce the actual time served.
Beyond incarceration, a felony conviction creates collateral consequences that follow a person for life. These include difficulty finding employment, loss of voting rights while incarcerated, ineligibility for certain professional licenses, restrictions on firearm ownership, immigration consequences for non-citizens, and social stigma.
For healthcare professionals, teachers, lawyers, or anyone holding a professional license, a felony conviction may mean automatic suspension or revocation of licensure. The Texas Board of Nursing, Texas Education Agency, and State Bar of Texas all impose discipline for felony convictions.
Bond Amounts in Denton County Homicide Cases
Based on an analysis Varghese Summersett completed of over 12,937 bonds in Denton County, bond amounts in homicide cases vary significantly depending on the specific charge and circumstances.
Typical Bond Amounts for Homicide Offenses in Denton County
| Charge Level | Typical Bond Range | Most Common Bond |
|---|---|---|
| Murder | $100,000 – $1,000,000 | $500,000 |
| Manslaughter | $10,000 – $200,000 | $10,000 |
While specific criminally negligent homicide bond data was not available in our analysis, bonds for this offense typically fall below manslaughter amounts given the lower felony classification. However, judges have discretion to set bond based on factors including criminal history, flight risk, danger to the community, ties to Denton County, employment status, and the specific facts of the case.
Bond conditions in homicide cases often include GPS monitoring, surrender of passport, no-contact orders with victim’s family, prohibition on leaving Denton County or Texas, regular check-ins with pretrial services, and drug and alcohol testing.
Common Defenses to Criminally Negligent Homicide
Every element the prosecution must prove creates a potential defense. Effective defense requires attacking the State’s case at every vulnerable point.
Challenging Causation
The prosecution must prove the defendant’s conduct caused the death. If other factors intervened or contributed, causation becomes disputed. Medical conditions, actions by third parties, or preexisting vulnerabilities can all break the chain of causation.
In cases involving delayed medical care, the defense may argue that medical decisions by doctors or hospitals, not the defendant’s initial conduct, caused the death. In cases involving drugs or alcohol, autopsy reports may show multiple contributing factors.
Attacking the Criminal Negligence Element
The core defense in most criminally negligent homicide cases challenges whether the defendant’s conduct rose to the level of criminal negligence. Remember, the law requires proof of a gross deviation from ordinary care, not just a mistake or momentary lapse.
The defense may present evidence showing the defendant acted reasonably under the circumstances, that the risk was not substantial or unjustifiable, that the defendant did perceive the risk and took steps to avoid it, or that an ordinary person in the defendant’s position would not have foreseen the risk.
Accident or Unforeseeable Event
Some deaths result from pure accidents with no criminal negligence. The defense may show the event was truly unforeseeable, that all reasonable precautions were taken, or that sudden, unexpected factors caused the death.
Insufficient Evidence
The prosecution bears the burden of proof beyond a reasonable doubt. If the evidence is weak, inconsistent, or based on speculation, the defense can argue for dismissal or acquittal. Gaps in witness testimony, contradictory forensic evidence, or missing documentation all create reasonable doubt.
Constitutional Violations
If law enforcement violated the defendant’s constitutional rights during the investigation, the defense may seek suppression of evidence. Common violations include unlawful searches and seizures, failure to read Miranda rights before custodial interrogation, coerced confessions, and denial of right to counsel.
The Legal Process in Denton County
Understanding what happens next helps reduce anxiety and allows for better decision-making. Homicide cases in Denton County follow a predictable path, though each case has unique circumstances.
Arrest and Initial Appearance
Most criminally negligent homicide cases begin with an arrest. Following arrest, the defendant is taken to the Denton County Jail for booking. Within 48-72 hours, the defendant appears before a magistrate judge for an initial appearance where the judge informs the defendant of the charges, sets bond, and appoints counsel if the defendant cannot afford an attorney.
Grand Jury Indictment
Felonies in Texas require indictment by a grand jury. The Denton County grand jury meets regularly to review cases presented by prosecutors. The grand jury proceedings are secret. The defendant has no right to appear or present evidence unless invited by the prosecutor.
The grand jury may return a true bill (indictment), no bill (refusal to indict), or present questions back to prosecutors for further investigation. An indictment formally charges the defendant and begins the court case.
Discovery and Investigation
The discovery phase involves exchange of evidence between prosecution and defense. The State must provide police reports, witness statements, autopsy reports, forensic evidence, expert reports, and any exculpatory evidence.
The defense conducts its own investigation. This may include hiring experts in forensic pathology, accident reconstruction, or toxicology; interviewing witnesses; visiting the scene; reviewing medical records; and gathering character evidence.
Pretrial Motions
Defense attorneys file motions to suppress evidence, dismiss charges, change venue, or obtain specific discovery. Pretrial hearings allow the judge to rule on legal issues before trial. Successful motions can eliminate key evidence or even end the case entirely.
Plea Negotiations
Most criminal cases resolve through plea negotiations. The defense and prosecution discuss potential resolutions including dismissal, reduction to lesser charges, deferred adjudication, or agreed sentencing recommendations.
Experienced defense attorneys use plea negotiations strategically. Strong defenses create leverage for better offers. In some cases, negotiations lead to dismissal when prosecutors recognize evidentiary weaknesses.
Trial
If negotiations fail or the defendant insists on trial, the case proceeds to a jury trial in Denton County district court. Texas guarantees the right to jury trial in felony cases. The jury must unanimously find the defendant guilty beyond a reasonable doubt to convict.
Trial involves jury selection, opening statements, witness testimony, cross-examination, expert testimony, closing arguments, and jury deliberations. Homicide trials typically last several days to several weeks depending on complexity.
Sentencing
If convicted, sentencing may occur immediately or at a separate hearing. In Texas, juries assess punishment in cases that go to trial unless the defendant elects for the judge to sentence. Sentencing involves presentation of evidence about the defendant’s background, criminal history, and mitigating or aggravating circumstances.
Why Early Intervention Matters
The decisions made in the first 72 hours after arrest can determine the outcome of a homicide case. Early intervention by experienced defense counsel provides critical advantages.
First, counsel can advise on interactions with law enforcement. Anything said to police can be used against the defendant. The best practice is to exercise the right to remain silent and request an attorney immediately.
Second, early investigation preserves evidence. Witnesses’ memories fade. Surveillance footage gets deleted. Physical evidence disappears. The sooner the defense begins investigating, the more evidence is available.
Third, early legal representation may prevent formal charges. In cases under investigation but before arrest, attorneys can communicate with prosecutors and present evidence showing why charges should not be filed.
Fourth, experienced counsel can seek reasonable bond and challenge conditions. In homicide cases, judges often set high bonds or impose restrictive conditions. Defense attorneys can present evidence showing why the defendant should be released pending trial.
Understanding the Difference Between Homicide Offenses
Texas law recognizes several types of unlawful killings, each with different mental states and punishment ranges. Understanding these distinctions helps defendants and families grasp what they’re facing.
Murder requires intentional or knowing conduct or conduct committed with intent to cause serious bodily injury that results in death. It’s a first degree felony (5-99 years or life) or second degree felony (2-20 years) depending on sudden passion.
Manslaughter requires reckless conduct that causes death. It’s a second degree felony (2-20 years). The person must consciously disregard a substantial and unjustifiable risk.
Criminally negligent homicide requires only negligence in failing to perceive a risk. It’s a state jail felony (180 days to 2 years). This is the “lowest” level of unlawful homicide in Texas.
Intoxication manslaughter occurs when someone operating a vehicle, watercraft, aircraft, or amusement ride while intoxicated causes the death of another by reason of that intoxication. It’s a second degree felony.
The mental state determines the charge, and the charge determines the potential punishment.
What to Expect From Varghese Summersett
Our approach to criminal defense combines aggressive advocacy with compassionate client service. We recognize that homicide charges affect entire families, not just the accused.
From the initial consultation, we take time to understand your situation completely. We review all available evidence, explain your options in plain language, and develop a strategic plan tailored to your specific circumstances.
Our team approach means your case benefits from collective expertise. Board certified criminal law specialists, former prosecutors with decades of experience, and attorneys who have tried hundreds of cases collaborate on defense strategy. You get the combined knowledge of multiple legal minds working on your behalf.
We maintain regular communication throughout the process. You’ll have direct access to your attorney, not just paralegals or assistants. We return calls promptly, provide updates proactively, and ensure you understand what’s happening at every stage.
Our firm invests in the resources necessary to build strong defenses. We hire the best experts, conduct thorough investigations, and prepare every case as if it’s going to trial. Prosecutors know we’re willing to fight, which creates leverage in negotiations.
We challenge every weakness in the State’s case. We file motions, conduct pretrial hearings, depose witnesses, and force the prosecution to prove every element. Often, this aggressive approach leads to favorable resolutions before trial.
Our reputation matters. With 70+ team members across four offices in Fort Worth, Dallas, Houston, and Southlake, we have the infrastructure and experience to handle the most serious cases. We’re recognized by Super Lawyers, Best Lawyers, and other peer organizations because we consistently deliver results.
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Understanding the Key Differences Between Homicide Charges
Frequently Asked Questions
What’s the difference between criminally negligent homicide and manslaughter?
The difference is the mental state. Manslaughter requires reckless conduct, meaning the person consciously disregarded a substantial and unjustifiable risk. Criminally negligent homicide requires only that the person ought to have been aware of the risk but failed to perceive it. Manslaughter is a second degree felony (2-20 years in prison), while criminally negligent homicide is a state jail felony (180 days to 2 years in state jail).
Can criminally negligent homicide charges be dismissed?
Yes. Dismissals occur when the prosecution lacks sufficient evidence to prove guilt beyond a reasonable doubt, when constitutional violations taint the evidence, when witness credibility issues undermine the case, or when alternative explanations for the death exist.
Do I need an attorney if I haven’t been charged yet?
Absolutely. If you’re under investigation for a death, hiring an attorney before charges are filed may prevent formal prosecution. Attorneys can communicate with prosecutors, present exculpatory evidence, and advise you on interactions with law enforcement. Early intervention often produces better outcomes than waiting until after arrest.
What happens if someone dies from injuries days or weeks after the incident?
Texas law recognizes delayed causation. If a person’s conduct causes injuries that lead to death days, weeks, or even months later, criminal charges may still apply. The key question is whether the initial conduct was a substantial factor in causing the death. Medical records, autopsy findings, and expert testimony determine causation in delayed death cases.
Can I be charged with criminally negligent homicide in a car accident?
Yes, though most vehicular deaths involve intoxication manslaughter or manslaughter charges rather than criminally negligent homicide. If a sober driver’s gross negligence causes a fatal accident, prosecutors may file criminally negligent homicide charges. Examples include excessive speeding in a school zone, running a red light at high speed, or texting while driving through a crosswalk.
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Get Experienced Defense for Denton County Homicide Charges
Criminally negligent homicide charges threaten your freedom, your future, and your reputation. The prosecution has vast resources and experience. You need equally strong representation on your side.
Varghese Summersett provides the aggressive defense serious charges demand. Our board-certified criminal law specialists, former prosecutors, and experienced trial attorneys know how to challenge homicide cases effectively.
We offer free consultations to review your case and explain your options. Call us at (940) 252-2220 or reach our Fort Worth office at (817) 203-2220. Time matters in criminal cases. The sooner we start building your defense, the better your chances for a favorable outcome.
