Criminally Negligent Homicide vs. Intoxication Manslaughter

 Posted on February 28, 2025 in Criminal Defense

When someone’s actions result in the death of another person, Texas law classifies the offense based on intent, recklessness, and circumstances. Two charges that often get confused are criminally negligent homicide and intoxication manslaughter. While both involve accidentally killing someone, the acts that fit the crimes and the penalties for the crimes are very different. If you are facing either of these charges, our Texas criminal defense attorneys are here to help.

What Is Criminally Negligent Homicide?

Criminally negligent homicide occurs when a person causes someone else’s death due to criminal negligence. This means the person should have, but did not, recognize a serious and unjustified risk that their actions could cause harm. Put more simply, a reasonable person in the same situation would have known that the same behavior was too risky to be safe. The key factor is negligence — not intent.

Examples of Criminally Negligent Homicide

Some common examples of behaviors that result in criminally negligent homicide charges include: 

• A distracted driver running a red light and causing a fatal accident

• Being careless with a gun, leading to an accidental shooting

• Failing to properly secure a dangerous object, like a swimming pool, resulting in a young child's drowning death

Penalties for Criminally Negligent Homicide in Texas

Texas law says criminally negligent homicide is a state jail felony, which means it carries between 180 days and two years in a state jail. It also allows fines up to $10,000 and probation. Although this charge is still very serious, it carries lighter penalties than intoxication manslaughter because the prosecution must only prove negligence, not recklessness or intoxication.

What Is Intoxication Manslaughter?

Intoxication manslaughter is a more severe charge that applies when a person operates a motor vehicle (car, boat, ATV) while intoxicated and causes another person’s death. Unlike criminally negligent homicide, intent does not matter — driving under the influence is enough by itself for a conviction if a fatal accident happens.

What Makes a Fatal Accident Intoxication Manslaughter? 

If someone is legally intoxicated (meaning they have a blood alcohol content of 0.08 percent or higher or are impaired by drugs or alcohol), they are operating a motor vehicle, and their intoxication directly causes someone’s death, charges of intoxication manslaughter could be brought. The prosecution does not need to prove recklessness — only that intoxication was a factor in the fatal accident.

Penalties for intoxication manslaughter in Texas include a permanent second-degree felony on a person’s criminal record, up to 20 years in prison, up to $10,000 in fines, restitution, probation, alcohol treatment programs, and more.

Speak to a Collin County, TX Criminal Defense Lawyer Today

Both criminally negligent homicide and intoxication manslaughter have life-changing penalties, but you may have more legal options than you realize. At Law Offices of Biederman & Burleson P.L.L.C., we provide aggressive defense strategies to challenge the charges against you. Call us at 469-333-3333 for a free consultation with our Frisco, TX DWI homicide defense lawyers, and let us fight for your rights and your future.