An affiliate of Martine Law, serving Texas, Minnesota, North Carolina and New Jersey. In Texas, legal services are provided by Texas Criminal Defense Attorneys PLLC, 325 N St. Paul Street, Suite 3129, Dallas, TX 75201.
Criminally Negligent Homicide vs. Manslaughter in Texas
Learn the Texas distinction between failing to perceive a risk and consciously disregarding it in fatal-incident prosecutions.
In short: The key distinction is risk awareness: manslaughter requires recklessness, while criminally negligent homicide involves the statutory failure to perceive a risk. Both require causation of death. An admission that someone made a mistake does not establish which mental state, if either, can be proved.
Explore this page 9 sections
Does “should have known” prove manslaughter?
Not by itself. Recklessness concerns conscious disregard, while criminal negligence concerns the specified failure to perceive. Counsel should separate actual awareness evidence from hindsight about what a person should have recognized.
What evidence can distinguish the two?
Warnings, training, observations and the circumstances of the act can matter. Their relevance depends on what was communicated and understood. The same document should not be treated as proof of awareness without examining its timing and content.
Can the jury simply choose the less serious label?
The available verdicts depend on the charged offense, evidence and applicable jury instructions. Counsel should assess whether a lesser-offense instruction is supported. A lesser label is not an automatic compromise available in every homicide trial.
A practical example and questions for counsel
Hypothetical example: Suppose a safety risk was visible in hindsight but the record is unclear about whether the accused actually recognized it. That uncertainty goes directly to the distinction between recklessness and criminal negligence, while leaving the gross-deviation and causation questions to be addressed. Counsel should identify evidence of actual awareness separately from evidence about what should have been perceived. Do not assume that failure to prove one mental state necessarily proves the other. Each proposed offense needs its own supported analysis, including the applicable threshold for criminal rather than merely civil fault.
How this fits Texas law
Criminally negligent homicide under section 19.05 is a state jail felony. Section 6.03 distinguishes failure to perceive a substantial, unjustifiable risk from conscious disregard of that risk. The failure must meet the statutory gross-deviation standard. A civil negligence allegation and criminal homicide charge are not the same legal determination.
How do I get started?
The first consultation is free. It is with a Director of Client Engagement, not an attorney. Clients who hire us work with an attorney. Call (214) 239-2013. Phones are answered 24/7, with AI covering when no staff is free.
Last updated October 2026
Common questions
Does “should have known” prove manslaughter?
Not by itself.
What evidence can distinguish the two?
Warnings, training, observations and the circumstances of the act can matter.
Can the jury simply choose the less serious label?
The available verdicts depend on the charged offense, evidence and applicable jury instructions.
Protecting Good People During Hard Times
Do not wait for your court date to get help. Call (214) 239-2013.
Phones are answered 24/7, with AI covering when no staff is free.
This page provides general information about Texas law. It is not legal advice, and reading it does not create an attorney-client relationship.