Accidental killings is one of the most unfortunate things that could happen and it might result in severe legal repercussions. The law in Texas evaluates the facts of each instance to determine whether imprisonment should be imposed. People often think that unintentional killing cannot lead to criminal charges or jail time. Sometimes people are imprisoned for accidental killings as well. This blog will touch upon the legislation pertaining to accidental killings in Texas and possible punishments associated with it and how a McAllen Criminal Defense Lawyer could help.

Understanding Homicide Charges in Texas for Accidental Killings

In Texas, accidental killings are not taken lightly and can lead to serious legal consequences. it can have grave legal repercussions. In such cases, the law differentiates between several degrees of liability. In cases of unintentional murder, charges such as involuntary manslaughter and criminally negligent homicide can be made.

Involuntary Manslaughter

The involuntary manslaughter in Texas is committed when someone by accident causes the accidental death of another person. Manslaughter is voluntary in Texas (voluntary manslaughter), except when it comes to the reckless deaths that were not intended. A classic example might involve a driver who, while under the influence of alcohol or drugs, disregards the speed limit and causes a fatal car accident (vehicular manslaughter or vehicular homicide). Even if the driver did not intend to harm anyone, their reckless behavior and disregard for the law resulted in a person's death.

Involuntary manslaughter is defined by the Texas Penal Code as “recklessly causing the death of one.” This means that the accused person acted with gross negligence or acted with utter disregard for another’s life and it led to death. Although involuntary manslaughter is less severe a crime than intentional killing, the consequences are quite serious.

You can read more about this here: The Difference Between Voluntary vs Involuntary Manslaughter

Criminally Negligent Homicide

On the other hand, criminally negligent homicide occurs when a death results from an act that a reasonable person would recognize as risky or likely to cause death. The prosecution must show the defendant knew or had reason to believe his or her actions were dangerous. In contrast, the said actions ought not necessarily to be intentional or reckless with criminal negligence.

Intoxication Manslaughter: A Special Consideration

A particular offense in Texas is called intoxication manslaughter and it is usually applied whenever there is a death resulting from another offense such as DUI. This may have serious consequences, reinforcing the need for awareness of the peculiarity associated with each case and legal advice. A criminal defense attorney can help navigate the complex legal issues surrounding these cases, and may even be able to assist in reducing charges or finding alternative sentencing options.

Penalties for Accidental Killings

Accidental killing penalties depend on surrounding conditions of the death together with criminal records of the individual. Involuntary manslaughter is a second degree felony in Texas attracting a fine up to $10000 and imprisonment for periods ranging from two to twenty years. However, this offense can become a first degree felony, with a punishment between five years and life imprisonment and a fine not exceeding ten thousand dollars, when the victim happens to be a public officer, old man or woman.

Moreover, the sentence may be increased where it is proven that the accused was drunk. For such cases, charges are raised to the level of “intoxication manslaughter”, with a fine of between two and twenty years imprisonment and/or up to $10000.

You can also read: How Many Times Can a Felony Case be Reset? All You Need To Know

The Role of a Criminal Defense Attorney

Navigating these charges requires the expertise of a criminal defense attorney. It is imperative and necessary for them to lead people through the judiciary procedure, and understand what one’s rights are. It’s particularly important since criminally negligent homicide in Texas is classified as a state jail felony . This entails up to two years of confinement and fines of up to $10,000 with added life-long criminal stigma.

The Importance of Circumstances and Intent

The specifics of each case, such as the circumstances of the death and the intent of the person involved, are critically examined. For example, it is possible such as lawful behavior or safe driving no charges may be brought against. Nevertheless, negligence, like illegal usage of a gun, will be closely examined, and it will be determined if the accused tried to help the victim or take the blame.

Preventing Accidental Killings and Their Legal Consequences

Prevention is key to avoiding the legal ramifications of accidental killings. To prevent accidental killings and their associated legal troubles, certain precautions are essential:

• Handle Firearms Safely: Owners should exercise responsible use of the firearms on them such as storage in a safe place.
• Drive Carefully: Do not engage in reckless driver behavior, and never drive drunk.
• Be Aware of Your Surroundings: Always be mindful of your surroundings and take necessary precautions to avoid accidents.
• Follow Safety Protocols: In professions where use of dangerous equipment is required, make sure to adhere to proper safety protocols and procedures.
• Contact a Criminal Defense Lawyer: Any person under a legal circumstance must consult the most competent and experienced attorney in order to get an insight into one’s lawfulness and to grasp how the legal system operates.

The Role of Legal Representation

In conclusion, while accidental killings in Texas can lead to jail time, the law does take into account various factors like intent and circumstances. Legal advice in this domain is not only useful but necessary. However, it is important to note that if such a case arises one should ensure prevention and be responsible.



Consulting a criminal attorney like Rolando Cantu is essential in any criminal matter in the state of Texas. In this way, their skills may ensure that they get a fair deal in the legal system concerning such devastating cases, and they can be assisted in handling or dealing with them.   You can contact Rolando Cantu at The Law Office of Rolando Cantu for legal advice and representation.