When you are charged with a crime like theft or sexual assault, there is seemingly no guesswork. The charge, in and of itself, explains the crime that you’ve committed. However, if you are facing charges for criminal negligence, you may have no idea what this means or what you did to warrant this offense. If this reflects your circumstances, the following blog explores what you should know about this crime, the potential penalties you can face, and the importance of working with Houston criminal defense attorneys to explore your legal options during these difficult times.
What Is Criminal Negligence?
Understanding what truly constitutes a criminal negligence offense can be challenging. Essentially, you can face this offense when you act in a way with extreme disregard for the lives of others, resulting in serious bodily harm or death. It is assumed that any other person, when in this situation, would have foreseen the danger associated with the actions you perpetuated. Unlike ordinary civil negligence, the bar is much higher, as you are typically assumed to have ignored an obvious or readily apparent risk.
Common offenses in which you can face a criminal negligence charge include:
- Negligent storage of firearms
- Homicide
- Vehicular homicide
- Manslaughter
What Penalties Can I Face?
Unfortunately, determining the penalties that you can face if you are charged with this crime can be difficult, as you will face charges based on the crime that has been committed. For example, you can be charged with criminal negligence if you cause the death of another person. This offense, criminally negligent homicide, will typically result in a state jail felony, which carries between six months to two years in jail.
You can also face a state jail felony if you are convicted of criminally negligent serious bodily injury to a child, for example. This also carries between six months and two years in jail.
How Can I Fight This?
As you can see, the penalties associated with a criminal negligence offense are not something that should be taken lightly. It is important to understand that there are a number of potential defenses you may be able to utilize to help fight the charges against you. One of the most effective defenses is that you were not aware of the risk associated with your actions. For example, if you are charged with criminally negligent homicide because you were towing something on your truck, but the tow hitch broke, ultimately killing someone, you can fight to prove that you had no way of knowing the tow hitch would break. This can be done through receipts showing the hitch was new or broken chains to show you took extra steps to secure your tow load.
Another common defense is to show that you took reasonable care to prevent injury from occurring, such as driving slowly, keeping dangerous items out of the reach of children, and following all instructions and warnings when using products like tow hitches, for example.
At the Gonzalez Law Group, our team understands how serious these matters are, which is why we will do everything in our power to help you navigate these complicated times. When you need help, connect with us today to learn how we can fight for you and your future.