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L and L Law Group team — Texas Criminally Negligent Homicide Defense
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Texas Criminally Negligent Homicide Defense

Free, confidential consultation 24/7 across the DFW Metroplex. Call (214) 466-1398.

Quick Answer

Texas criminally negligent homicide defense under Penal Code §19.05. State jail felony exposure, negligence challenges, lesser-included strategy. Free 24/7 consultation. Call (214) 466-1398.

What Is Criminally Negligent Homicide?

Under Texas Penal Code §19.05, a person commits criminally negligent homicide by causing the death of another through criminal negligence. It is a state jail felony, punishable by 180 days to 2 years in state jail and a fine up to $10,000.

Criminal negligence under §6.03(d) means the defendant should have been aware of a substantial and unjustifiable risk that death would occur — but was not. The failure to perceive must be a gross deviation from the ordinary standard of care.

Penalties Under Texas Law

Criminally Negligent Homicide is prosecuted under §19.05. The classification, punishment range, and parole eligibility are summarized in the FAQ below. A deadly weapon finding under Code of Criminal Procedure Article 42A.054 — applicable in many homicide cases — requires service of at least half the imposed sentence before parole eligibility under Government Code §508.145.

How We Defend Texas Criminally Negligent Homicide Defense

Every defense begins with the offense report and indictment, but the work that produces results is independent — our own investigation, our own forensic experts, our own witness interviews. We do not rely on the State's narrative. We test it.

For texas criminally negligent homicide defense cases specifically, the elements that drive outcomes include the State's mens-rea proof, chain of custody on physical and forensic evidence, witness identification reliability, constitutional compliance with the stop and arrest, and any expert methodology behind toxicology, accident reconstruction, or pathology testimony.

Our Five-Step Defense Process

  1. 01

    Free Consultation + Triage

    You call. We identify the most urgent deadlines first (bond hearing, license report, employer notice), determine the exact charge, and lock in the next steps.

  2. 02

    Discovery + Evidence Audit

    We obtain the offense report, body and dash cam, autopsy and toxicology, accident reconstruction, witness statements, and 911 transcripts. We audit every link in the State's evidence chain.

  3. 03

    Expert Retention + Investigation

    For homicide and vehicular cases, we retain accident reconstructionists, toxicologists, ballistics experts, and forensic pathologists where the facts warrant. Independent investigation often produces evidence the State did not develop.

  4. 04

    Negotiation + Lesser-Included Strategy

    We negotiate from strength — using forensic gaps, mens-rea ambiguities, and constitutional issues. Reductions to lesser-included offenses (manslaughter from murder; criminally negligent homicide from manslaughter) and probation eligibility are explored where supported.

  5. 05

    Trial-Ready + Sentencing Mitigation

    If trial is the right call, we are ready. Voir dire, expert cross-examination, jury-charge negotiation. At sentencing, we present mitigation — character witnesses, mental-health evaluations, employment history — to seek the lowest possible punishment.

Texas Criminal Defense Counsel

Njeri London, Co-Founding Partner

Njeri London

Co-Founding Partner
  • Texas Bar No.: 24043266
  • Licensed since: 2006
  • Law school: Thurgood Marshall School of Law
  • Memberships: State Bar of Texas, TCDLA
Reggie London, Co-Founding Partner

Reggie London

Co-Founding Partner
  • Texas Bar No.: 24043514
  • Licensed since: 2005
  • Law school: Thurgood Marshall School of Law
  • Former: Dallas County District Attorney’s Office

Recent Client Reviews & Case Results

★★★★★ Average rating 4.8 / 5 · Read all reviews on Google

“Reggie was direct from the first call. He told us what was realistic and what was not. The case ended with a dismissal we did not think was possible.”
— Verified Google Review
“Njeri walked us through every step. She answered our calls at night and never once made us feel like another file number.”
— Verified Google Review
“The team prepared the case as if it was going to trial. The DA reduced the charge significantly because they could see we were ready.”
— Verified Google Review

Past results do not guarantee future outcomes. Each case is evaluated on its own facts.

Educational Resource

Background Reading on Texas Criminally Negligent Homicide Defense

Source: State Bar of Texas (2022-09-01)

Frequently Asked Questions

Under §19.05, a person commits criminally negligent homicide when they cause the death of an individual by criminal negligence. It is a state jail felony — 180 days to 2 years in state jail facility, up to $10,000 fine.

Under §6.03(d), a person acts with criminal negligence when they ought to be aware of a substantial and unjustifiable risk that the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care an ordinary person would exercise.

No. An accident defense argues no criminal liability — the death was unforeseeable. Criminally negligent homicide acknowledges the death was caused by failure to perceive a risk that should have been perceived. The line between true accident and criminal negligence is heavily fact-dependent and often the central issue at trial.

Manslaughter (§19.04) requires recklessness — the defendant was aware of and consciously disregarded the risk. Criminally negligent homicide (§19.05) requires only criminal negligence — the defendant should have been aware. Manslaughter is a second-degree felony; criminally negligent homicide is a state jail felony.

Yes. As a state jail felony, criminally negligent homicide is generally eligible for state jail probation under Code of Criminal Procedure Chapter 42A. Deferred adjudication may be available depending on prior history and case facts. A conviction sentence carries day-for-day time without parole eligibility.

Texting-and-driving fatalities, accidental discharge of a firearm causing death, swimming pool deaths involving caregivers, fatal medication errors by healthcare workers, child or elderly deaths involving caregiver inattention, and certain construction or workplace fatalities.

The charge sometimes runs the OTHER direction — defense seeks reduction from manslaughter (second-degree felony) DOWN to criminally negligent homicide (state jail felony). A reduction to a misdemeanor (deadly conduct or assault by threat) is rare but possible with weak evidence.

Lack of negligence (the standard of care was met), causation challenges (the death was not caused by the defendant's act), accident, sudden emergency, third-party intervening cause, and constitutional challenges to evidence collection.

Yes. A conviction is permanent unless sealed. Deferred adjudication completion may qualify for non-disclosure under Government Code §411.0735 after the prescribed waiting period. Expunction is available only after dismissal or acquittal under CCP Chapter 55A.

Likely yes. Most Texas professional boards require self-reporting of any felony charge. Healthcare licenses (Board of Nursing, Texas Medical Board), education licenses (TEA/SBEC), and bar licenses face automatic review. Defense strategy must coordinate with separate licensing-defense work.

Texas Criminally Negligent Homicide Defense — Intake Form & Quick Reference

Confidential PDFs you can fill out at home and bring or email to us. No form submission required — everything is reviewed by a licensed attorney.

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Texas Criminally Negligent Homicide Defense Intake Form
PDF intake form — case background, prior history, witnesses, evidence preservation. Save and email back.
Download PDF →
What to Do If You Are Charged or Under Investigation
One-page quick reference. Print, save to your phone, or share with family. Critical first 24-hour steps.
Download PDF →

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Attorney Advertising

This website is for general information purposes only and constitutes attorney advertising under the Texas Disciplinary Rules of Professional Conduct. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship. Past results do not guarantee a similar outcome. Each case is unique and depends on its facts and circumstances. L and L Law Group, PLLC is licensed in Texas; we do not represent clients in jurisdictions where we are not licensed.

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