Criminal Negligent Homicide
“Homicide” refers to taking the life of another human being. By extension, “criminally negligent homicide” is to cause the death of another through an act of gross or wanton negligence. “Criminal negligence” is often charged in cases where the negligent operation of a motor vehicle results in the accidental death of another.
To prove a charge of criminally negligent homicide in the State of Texas, the prosecution must prove that your actions were a result of:
- Your deliberate decision to act in a manner that could have been reasonably foreseen to pose such a danger
- The nature of your negligence was of such a degree that it represented a deviation from what a “reasonable and prudent” person would have done in the same situation.
Proving Criminal Negligent Homicide
In order to prosecute you for criminally negligent homicide, the state must prove that a death was the result of a deliberate decision on your part and that such a decision could have been foreseen to place the life of another at risk. As an example, if you decide to drive down a stretch of highway that is clearly identified as “under construction” and a passenger in your car is killed in an accident, you could be charged with criminally negligent homicide. The state must then prove that your decision was the result of negligence.
Negligence arises when you fail to act in a manner that would indicate good judgment. If another person, given the same circumstances, would have acted in another way, you have been negligent in your actions. A jury must make the decision as to whether your actions exhibited a callous disregard for the well-being of another.
Arrested For A Criminal Offense in Texas?
Contact Houston Criminal Defense Attorney Mario Madrid
If you have been charged with criminally negligent homicide, or even if you are aware that you are the subject of an investigation that could result in being charged with this crime, you must remember your constitutional right to have an attorney who will advise you in defending yourself against the charge. The first step in obtaining the best legal defense is to contact criminal defense lawyer Mario Madrid.
The state prosecutor has the obligation prove that your actions caused a “substantial and unjustifiable risk” of injury or death of another person. Mario Madrid has a proven track record of defending such cases and will work to prove that the evidence in your case does not rise to the level that would justify a charge of criminally negligent homicide.