Author: Shelby Benavidez 

Contributing Attorney: Jason Ferguson, Attorney 

Most people are familiar with the idea of negligence in personal injury lawsuits, but not everyone understands what turns negligence into a criminal charge. This article explores what criminal negligence is, how it differs from other forms of negligence and criminal intent, and what legal consequences it carries. We’ll also review what needs to be proven in court, discuss penalties, and offer guidance for victims and accused parties. 

Defining Negligence and Criminal Conduct 

The Four Types of Negligence 

Negligence in the legal world is broadly categorized into four distinct types: ordinary negligence, comparative negligence, gross negligence, and criminal negligence. 

Ordinary negligence refers to a failure to exercise the care that a reasonably prudent person would exercise in similar circumstances. This is the type most commonly involved in civil personal injury claims, such as slip-and-fall cases or basic traffic accidents.  

“In simple terms, if you’re failing to use just, reasonable care for your fellow citizens, that’s ordinary negligence,” Daniel Stark attorney Jason Ferguson said. 

Comparative negligence is a legal doctrine used in some civil cases where the fault is shared. Under this rule, the injured party’s compensation may be reduced by the percentage of their own fault. For instance, if a pedestrian jaywalks and gets hit by a speeding car, both parties may share blame. 

Gross negligence, on the other hand, involves a more severe level of disregard. To be found grossly negligent, there has to be proof that you knew what you were doing was dangerous and could potentially harm others and their property. 

“The defendant knows that there’s an extreme risk of harm,” Ferguson said. “There’s this extreme risk in the behavior that you’re doing, but you choose to do it anyway.”  

Criminal negligence, the focus of this article, differs from the rest because you can actually face jail time if found guilty. Criminal negligence arises when someone acts, or fails to act, in a way that is so careless it constitutes a gross deviation from the standard of care expected of a reasonable person. 

Criminal Negligence in Simple Terms 

Criminal negligence happens when someone acts dangerously, even if they don’t realize the risk they created for others. 

“The idea around criminal negligence is that I’m doing something dangerous,” Ferguson said, “and even if I don’t know that it’s risky, the fact that I don’t know that it’s risky is such a gross deviation from what would normally be reasonable care that it’s criminal.” 

For example, imagine a parent leaving a young child in a locked car during the peak of summer heat without the air conditioning on. Even without intending harm, that act could be criminally negligent because a reasonable person would recognize the risk of serious injury or death from heat exposure. The defining characteristic of criminal negligence is not bad intentions, but reckless disregard for human safety. 

Criminal Intent vs. Criminal Negligence 

Criminal intent refers to a person’s purposeful decision to engage in conduct they know to be illegal or harmful. Crimes such as theft, assault, or murder typically require proof that the defendant intended the act or outcome. 

Criminal negligence, by contrast, involves no specific intent to cause harm. Instead, it addresses behavior that, while not intentionally malicious, is so careless that it creates a foreseeable and serious risk. For example, if a driver intentionally runs over a pedestrian, they can be charged with murder or manslaughter due to criminal intent. But if a distracted driver kills a pedestrian while texting, they could face charges of criminally negligent homicide, even though they never meant to harm anyone. 

“In homicide cases, you don’t have an intent to kill,” Ferguson said. “You’re not even consciously disregarding somebody’s life, but you are failing to be aware of this so obvious danger that you’re not a part of the community. Nobody in our community would be like, ‘You know what, that behavior is acceptable to me.’” 

What Do You Need to Prove Negligence? 

To establish negligence in civil or criminal law, there are a few key elements typically need to be proven. First, you have to establish that there was a duty of care owed to the victim by the defendant. 

“As a prosecutor, that is an essential part of criminal negligence,” Ferguson said. “When you’re trying to prove criminal negligence, you have to first understand your community standards. Only then can you really know whether it’s criminal negligence or not.”  

Second, the defendant must have breached that duty. This means the defendant failed to meet the expected standard of care. 

Third, the breach must have potential to cause harm. No one has to be injured in order for negligence to be proven, but it would have to be proven that the actions of the defendant could have caused injury to others or damage to property. 

In criminal court, each of these elements must be proven beyond a reasonable doubt, which is the highest burden of proof in the legal system. 

What is the Charge for Criminal Negligence? 

Criminal negligence can lead to a range of criminal charges, depending on the conduct and its consequences. One of the most common charges is criminally negligent homicide, which occurs when a person causes the death of another unintentionally, but through behavior that is typically known to be dangerous.  

“Criminal negligent homicide is the lowest standard for a homicide and that’s 180 days to two years in state jail,” Ferguson explains, “but consequences can range for criminal negligence. It just depends on the charge.” 

Charges may include injury to a child, elderly individual, or disabled person, especially if the victim is part of a protected class. Penalties in these cases may range from state jail felonies to first-degree felonies, depending on the severity and intent behind the act. 

What Are Some Examples of Criminal Negligence? 

A common scenario of criminal negligence involves medical professionals who administer incorrect treatments or medications without properly checking patient information. If the mistake results in serious injury or death, and it is shown that the error stemmed from gross carelessness, criminal charges may be brought. 

Another example is reckless driving. A person who speeds through a pedestrian-heavy area while texting or under the influence can be found criminally negligent if their actions result in injury or death. 

Workplace negligence can also rise to the level of criminality.  

“If you’ve got this supervisor who’s ignoring these obvious safety hazards that later cause a fatal accident, you could get criminal negligence there,” Ferguson said. “Even though the workplace manager or employer, supervisor – whoever it is – maybe wasn’t specifically aware that these hazards could cause death. As a community, we know that having the spinning razor blades underneath your walkway is way too dangerous.” 

Parents or caregivers may be charged if they leave children unattended in dangerous situations, such as near a firearm. Even if there was no intent to cause harm, the level of carelessness can justify criminal prosecution. 

In Texas, both defendants and victims in criminal negligence cases have important legal rights. If you are accused, you are presumed innocent until proven guilty and have the right to due process. You are entitled to legal representation, and if you cannot afford an attorney, the court will appoint one on your behalf. 

Victims of criminal negligence also have rights. These include the right to be notified of legal proceedings, to make victim impact statements, and to seek restitution. Additionally, victims may file a civil lawsuit to recover damages for medical costs, pain and suffering, lost income, and more. 

Texas law takes criminal negligence seriously, especially when it results in death or affects vulnerable populations. Legal outcomes may differ based on the specific facts, but engaging with a qualified attorney early in the process is essential for all parties. 

The Overlap of Criminal and Civil Law 

One important aspect of criminal negligence cases is the potential for dual legal action. That means a single act can result in both criminal charges and a civil lawsuit. For instance, a drunk driver who kills another person might face prosecution for vehicular manslaughter and also be sued for wrongful death by the victim’s family. 

This dual approach is not double jeopardy – charging someone for the same crime twice – because the criminal and civil systems serve different purposes: the criminal system punishes wrongdoers and protects society, while the civil system compensates victims for their losses. 

“Different views of justice, but still justice in both cases,” Ferguson added. 

Contact a Personal Injury Attorney 

If you believe that your injury, or a loved one’s injury or death, was caused by someone’s criminal negligence, it’s crucial to speak with a qualified personal injury attorney as soon as possible. These professionals can help gather time-sensitive evidence such as police reports, surveillance footage, or expert opinions. 

“As former prosecutors – Daniel Stark has several now – and our various backgrounds, we have this broad range of knowledge that really helps us understand the whole picture,” Ferguson said. “Knowing the different paths and routes that a case can take helps us make sure nothing gets missed. We look under every rock, every little cranny that we can look to really help our client get into the best position.” 

Not to mention, most personal injury attorneys work on a contingency fee basis, meaning they only get paid if you win your case. If you don’t win your case, you owe nothing. There’s really nothing to lose, and potentially everything to gain. 

If you suspect that a serious injury or wrongful death was caused by grossly negligent conduct, don’t wait. Civil and criminal legal action may be available to hold the responsible party accountable and provide the justice you deserve.