CRIMINALLY NEGLIGENT HOMICIDE

Criminally negligent homicide is a state jail felony in the State of Texas. A person commits criminally negligent homicide when the person cause the death of another by criminal negligence. Under Texas law, a person acts with criminal negligence, with respect to circumstances surrounding the person’s conduct or result of the conduct, when the person should be aware of a substantial and unjustifiable risk that the circumstances exist, or the result will occur. For criminally negligent homicide, the risk must be of such nature and degree that 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 person committing the offense’s standpoint.

Texas Punishment Range

The following are the general punishment ranges for criminal cases in the State of Texas. The minimum punishment range may be increased for certain offenses depending on the circumstances in the case, whether the offense was near a school, or the person’s criminal history.

-Misdemeanors

Class

Possible Jail Time

Possible Fine

Class C Misdemeanor

None

No more than $500.00

Class B Misdemeanor

Up to 180 days in county jail

No more than $2,000.00

Class A Misdemeanor

Up to 1 year in county jail

No more than $4,000.00

-Felonies

Class

Possible Jail/Prison Time

Possible Fine

State-Jail Felony

180 days to 2 years in state jail

No more than $10,000.00

3rd Degree Felony

2 to 10 years in prison

No more than $10,000.00

2nd Degree Felony

2 to 20 years in prison

No more than $10,000.00

1st Degree Felony

5 to 99 years or life in prison

No more than $10,000.00

Capital Felony

Life in prison

None

Capital Felony

Death or life in prison without parole

None

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