Is a Shooting Accident Considered Homicide in Texas?

 Posted on September 04, 2025 in Criminal Defense

Two men in the Houston area recently took turns shooting at one another inside a home in a residential neighborhood while wearing ballistic Kevlar helmets. While the men were, by all accounts, friends, the shooting ended in the death of one of the men. While this particular incident seems to be more than a "normal" shooting accident, the question arises as to when a shooting accident that results in a death is charged as a homicide.

While each situation is judged on the facts of the incident as well as the evidence gathered by police, not every shooting in Texas includes intent. A hunting trip gone terribly wrong, a gun discharging while being cleaned, or a reckless moment at a party can all lead to tragedy, but may be considered an accident rather than a deliberate attempt to kill another person.

While these accidents can lead to homicide charges, the prosecutors generally consider intent, negligence, and recklessness within the context of state homicide laws. Perhaps you or a loved one has been involved in an accidental shooting and is now being charged with homicide. If so, you should consult a highly experienced Houston, TX homicide lawyer to ensure a comprehensive defense.   

How Texas Law Defines Homicide

Texas Penal Code Title 5, Section 19.01 discusses the different types of homicide in the state, including murder, capital murder, manslaughter, and criminally negligent homicide. Capital murder includes the murder of a peace officer or fireman, intentionally murdering while attempting to commit a kidnapping, burglary, robbery, aggravated sexual assault, arson, obstruction, retaliation, or terroristic threat, murder for hire, murder while escaping from a penal institution, or the murder of a child. A capital murder conviction can result in life in prison without parole or the death penalty.

The crime of murder can occur through sudden passion, meaning the individual killed provoked the killing, the intentional killing of another person, killing another person during the commission of a felony, or providing specific drugs to another person that results in that person’s death. Manslaughter and criminally negligent homicide do not necessarily include an intent to kill another person.  Manslaughter occurs when a person recklessly causes the death of another, while criminally negligent homicide involves the death of another person through gross negligence.

When Does a Houston Firearm Accident Become Manslaughter?

Manslaughter charges can result from a firearm accident if it was the result of reckless conduct. Reckless conduct could involve mishandling a firearm in a crowded area or discharging a firearm toward an occupied building. The potential penalties for manslaughter include two to 20 years in prison and fines up to $10,000.

Criminally Negligent Homicide When a Gun Accident Includes Gross Negligence

When an accused person owed the victim some standard of care that he or she failed to live up to, this is criminally negligent homicide. Some examples of criminally negligent homicide with a firearm include:

• Shooting a gun into the air during a celebration
• Recklessly waving a loaded gun at someone when it accidentally fires
• Improperly storing a loaded firearm when a child gains access and fatally shoots someone.

The penalties for criminally negligent homicide with a firearm include 180 days to two years in state jail, along with fines.

What Are Some Defenses Against Houston Homicide Charges for an Accident?

Defenses for a homicide caused by a firearm may include challenging whether the actions by the defendant were reckless or negligent rather than intentional. The defense attorney may be able to show that a defect in the manufacturing or design of the firearm led to an accidental discharge or may simply argue that accidents are not considered crimes.  

Contact a Houston, TX Criminal Defense Lawyer

Houston shooting accidents change lives forever and can also lead to homicide charges that carry life-altering penalties. If you are facing homicide charges for an accidental shooting, you can benefit from speaking to a skilled Houston, TX homicide attorney from Murphy & McKinney Law Firm, P.C..

Attorney Murphy will work hard to ensure the prosecutor does not push for harsher charges than are warranted and understands the urgency of protecting your rights following a tragic accident. He currently serves as President of the Harris County Criminal Lawyers Association. Call 713-229-8333 to schedule your initial attorney consultation.