Many people are confused by the difference between involuntary manslaughter and criminally negligent homicide, and they wonder if the terms can be used interchangeably. These are distinct charges, and the difference in consequences for the accused can be immense. Regardless of the kind of criminal charge you are facing, your case is a serious matter that will directly affect your future. Because your case is so important, you should consult with an experienced Killeen criminal defense attorney as soon as possible.
Causing the Death of Another Person
The State of Texas has four criminal homicide charges that involve causing the death of another person.
Capital Murder
Capital murder is the harshest charge that anyone can face in Texas, and it carries the potential for the death sentence. Since 1976, Texas has executed far more people than any other state, making the death sentence a very real threat rather than a theoretical one.
The alternative—if convicted of capital murder in Texas—is a life sentence without the possibility of parole, and the matter is determined by the jury during the sentencing phase.
Capital murder refers to murdering someone when one of the following aggravating circumstances is involved:
The victim was a police officer or firefighter who was in the line of duty.
The victim was a child. To qualify for capital murder, the child must have been under the age of 10 if the crime was committed before 2019. For charges after 2019, the child had to be under 15.
The victim was a judge, and the motivation was retaliation.
The murder was committed in the process of committing another felony, like kidnapping, robbery, or aggravated sexual assault.
There was more than one murder victim.
The murder was committed while the accused was serving a life sentence or a 99-year sentence for aggravated kidnapping, aggravated assault, or aggravated robbery.
The murder was for hire or based on the promise of payment.
The murder happened during an escape or attempted escape from a penal institution.
In Texas, a defendant cannot plead guilty to a death-sentence case. They can, however, take a plea deal to a lesser charge, such as murder.
Murder
Murder refers to intentionally or knowingly causing someone else’s death or causing their death as a result of a dangerous act intended to cause serious bodily injury. For a murder charge to apply, one of the following circumstances must be true:
The accused intentionally or knowingly caused the victim’s death.
The accused intended to seriously injure the victim and, in the process, caused their death.
The accused caused the victim’s death during the commission or attempted commission of a felony.
A murder conviction carries a prison sentence of 5 to 99 years in Texas. Speak with a knowledgeable criminal defense attorney to understand the stakes in your case.
Manslaughter
Manslaughter in Texas incorporates both voluntary and involuntary manslaughter. The specifics of each case guide the charge and penalties faced.
For a manslaughter charge to stick, the prosecution must prove beyond a reasonable doubt that the accused person’s recklessness caused someone else’s death. The prosecution need not prove premeditation, knowledge, or intent to bring a successful manslaughter case.
Manslaughter charges in Texas are second-degree felonies that come with a prison sentence of 2 to 20 years and fines of up to $10,000.
Criminally Negligent Homicide
Criminally negligent homicide applies when the accused person’s criminal negligence directly causes the victim’s death.
Criminal negligence refers to conduct that the accused should have known posed a substantial and unjustifiable risk. The level of risk must be so serious that failing to recognize it constitutes a gross deviation from the standard of care other reasonable people exercise under similar circumstances.
Criminally negligent homicide is a state jail felony with penalties of 180 days to 2 years in a state jail facility and fines of up to $10,000.
Each of these charges also comes with hefty social consequences, making the matter that much more challenging.
The Distinction Between Involuntary Manslaughter and Criminally Negligent Homicide
Both involuntary manslaughter and criminally negligent homicide charges involve causing someone else’s death. However, manslaughter—including involuntary manslaughter—is a second-degree felony, which is considerably harsher than the state jail felony classification of criminally negligent homicide.
The primary difference lies in whether the accused caused the death through recklessness or criminal negligence.
Recklessness
The Texas Penal Code cites recklessness frequently. While there is no single definition, it generally means acting in a deliberate manner with no regard for the risk or danger posed to others. Those who ignore the risk they impose on others are considered reckless. If you're unsure how recklessness is determined, speak with a local defense attorney today.
Criminal Negligence
Criminal negligence, by contrast, refers to disregarding a reasonable duty to the safety of others to the point of posing an obvious and serious risk.
The key distinction is that recklessness involves a risk the accused was aware of, while criminal negligence involves a risk the accused should have been aware of.
Recklessness generally involves taking an action that causes harm.
Criminal negligence generally involves failing to take an action that would have protected others.
Involuntary Manslaughter vs. Voluntary Manslaughter
Texas has both voluntary and involuntary manslaughter charges, but voluntary manslaughter is even more serious.
Involuntary Manslaughter
Involuntary manslaughter applies when the accused person’s recklessness accidentally causes someone else’s death. For example, a drunk driver who causes a fatal car accident may face an involuntary manslaughter charge.
Voluntary Manslaughter
Voluntary manslaughter includes the intention to kill but lacks the premeditation required for a murder charge. These cases often involve acting in the heat of passion.
If you have been charged with either forms of manslaughter, you could be facing serious consequences. To protect your rights and help your case reach its best possible outcome, you should contact a Killeen criminal defense attorney before speaking to authorities.
Vehicular Manslaughter Charges
There is no specific vehicular manslaughter charge in Texas, but manslaughter is commonly charged when a traffic accident caused by one driver’s recklessness leads to a fatality. Drag racing and similar behaviors may also qualify.
Defending Against Involuntary Manslaughter Charges
If you are facing a manslaughter charge, your defense is critical. While each case is unique, some basic defense strategies often apply.
Absence of Recklessness
If you can demonstrate that your actions do not qualify as reckless, it becomes harder to convict. This defense may involve showing that you were unaware of the risks or took steps to mitigate them.
Mistaken Identity
Mistaken identity is more common than people think. Eyewitness identification can be unreliable, and having a strong alibi can significantly weaken the prosecution's case.
The Victim’s Death Was Accidental
If you can prove the death was accidental, the charge may not hold. For example, swerving to avoid an animal and causing a fatal accident may support this defense. Don’t leave your future to chance—discuss your case with a skilled criminal defense attorney.
You Were Acting in Self-Defense
You have the legal right to protect yourself. To use this defense, you must prove that you were facing serious harm and that the force used was not excessive.
There Is a Medical Cause
A medical condition like a seizure or heart attack can affect liability. If such a condition led to the incident, it could significantly weaken the prosecution’s case.
Defending Against a Criminally Negligent Homicide Charge
Defense strategies are similar to those for involuntary manslaughter, with specific tweaks.
Your Actions Were Not Negligent
Split-second decisions made under pressure are not necessarily negligent. If your response was reasonable under the circumstances, the prosecution may struggle to prove negligence.
The Other Person’s Death Was Accidental
If your actions were reasonable and someone died anyway, the death might be classified as accidental rather than criminally negligent homicide.
Seek the Skilled Legal Guidance of an Experienced Killeen Criminal Defense Attorney Today
If you have been charged with either involuntary manslaughter or criminally negligent homicide, it is a serious matter that requires trusted legal counsel.
Brett Pritchard at the Law Office of Brett H. Pritchard is a respected criminal defense attorney who is committed to using his extensive experience and legal skill in pursuit of a favorable resolution that protects your rights and future. Do not wait to reach out—contact us online or call us at (254) 781-4222 to schedule a FREE consultation.