Facing a manslaughter charge in Texas can be life-changing. The penalties are severe, but knowing how the law defines manslaughter and the sentences you could face is the first step in building your defense.
In this article, we’ll break down the penalties for manslaughter in Texas and explain why having an experienced San Antonio criminal law attorney is important when your freedom is on the line.
Key Takeaways
- A person may be charged with manslaughter in Texas if their reckless conduct caused another person’s death.
- When it comes to penalties, manslaughter is less severe than murder, more serious than criminally negligent homicide, and the same as vehicular and intoxication manslaughter.
- The manslaughter sentence Texas imposes is a second-degree felony, carrying between 2 and 20 years of prison time and up to $10,000 in fines; although, the charge may be a first-degree felony in specific cases.
- To defend against manslaughter charges, your criminal defense attorney may argue self-defense, mistaken identity, procedural errors, lack of recklessness, or sudden passion.
What Is Manslaughter in Texas? The Texas Penal Code
Under the Texas Penal Code Section 19.04, manslaughter happens when a person commits criminal homicide by causing someone’s death through recklessness. Recklessness involves being aware of a substantial and unjustifiable risk and disregarding that risk. To prove recklessness, the prosecution must establish that the defendant knew about the potential danger.
Manslaughter vs. Murder
Manslaughter differs from murder because manslaughter is unplanned, occurring when risky actions lead to death or serious bodily injury. Under the penal code, a defendant commits murder if they intentionally or knowingly cause another person’s death, intend to cause life-threatening bodily injury that results in death, cause another person’s death during the perpetration or immediate flight from a felony offense, or knowingly manufacture or deliver a deadly controlled substance that causes a person’s death.
The official manslaughter sentence Texas gives its residents is less severe than that imposed for capital murder, but a conviction can still change a person’s life.
Manslaughter Compared to Criminally Negligent Homicide
While a person commits manslaughter in Texas if their reckless behavior causes another person’s death, criminally negligent homicide specifically deals with cases involving criminal negligence. The key difference here is typically whether or not the offender was aware of the risk they were imposing on the other person, where recklessness involves a conscious disregard for the risk.
Those charged with criminally negligent homicide are typically subject to lower penalties compared to those with manslaughter cases.
Voluntary and Involuntary Manslaughter
While Texas does not always split manslaughter into voluntary and involuntary by charge, the ideas are often used when talking about the crime. Voluntary and involuntary manslaughter both carry harsh Texas manslaughter sentences, and both can lead to years in prison.
- Involuntary manslaughter happens when a person acts recklessly but without intending to kill. An example would be driving too fast and causing a deadly crash. It is tied closely to criminal negligence.
- Voluntary manslaughter happens when a person kills another in the heat of the moment, often due to strong emotion. While not planned, it still counts as a serious offense under Texas manslaughter laws.
Vehicular Manslaughter
If your case involved vehicular manslaughter, you might be wondering how this all relates to you. Rather than being a separate offense, vehicular manslaughter is just a type of manslaughter. This means it involves the same basic definition: recklessly causing the death of another person. Of course, vehicular manslaughter specifically involves reckless use of a vehicle. Common examples of reckless driving include driving while intoxicated, speeding excessively, distracted driving, and disregarding red lights and stop signs.
You will typically face similar criminal liability and penalties as those facing manslaughter charges not involving vehicles.
Intoxication Manslaughter
Intoxication manslaughter is a common type of vehicular manslaughter under Texas law. It occurs when a driver, under the influence of alcohol or drugs, causes a fatal crash. In this case, intent doesn’t matter. Only the proof that intoxication caused death or serious injury matters. Those charged with intoxication manslaughter will typically face similar penalties to those charged with manslaughter, with the common addition of mandatory community service. Because the law is strict, anyone facing intoxicated manslaughter needs a skilled homicide lawyer.
Manslaughter Charges Under Texas Law
A Texas manslaughter charge is serious and usually classified as a second-degree felony. It means the state believes reckless actions caused someone’s death, even if it wasn’t planned or intended. The punishment for manslaughter sentence Texas gives offenders includes:
- Prison sentence of 2 to 20 years
- Up to $10,000 in fines
- A lifelong criminal record that can affect jobs, housing, and future rights
The penalties for manslaughter in Texas depend on the facts of the case, such as intoxication or reckless actions that cause serious harm. If your penalties include a prison sentence of 10 years or less, you may be able to be placed on community supervision, also known as probation.
Because the stakes are high, anyone facing manslaughter charges needs a strong defense team, ready to stand up in plea negotiations or in court. You can get help from a skilled lawyer at The Law Office of John G. Perez Jr.
When Is Manslaughter a First-Degree Felony?
Normally, manslaughter in Texas is a second-degree felony. However, in 2023, a new law made the punishment stronger in some cases. If a person causes the death of an individual while damaging a critical infrastructure facility, such as the Texas power grid, the crime becomes a first-degree felony. These types of acts are specified under Texas Penal Code Section 28.09.
A first-degree felony carries 5 years to life in prison, in addition to heavy fines. With so much at stake, you need a skilled San Antonio manslaughter attorney to protect your rights.
Common Defenses Against Manslaughter Convictions
Undermining the prosecution’s case against you will be a key job of your criminal defense team. Your lawyer will need to gather the evidence needed to establish reasonable doubt about your guilt, with common defenses including:
- Self-Defense – If you were engaging in self-defense when you caused the victim’s death, your charges may be dropped or reduced.
- Lack of Recklessness – Your criminal responsibility may be lower if you were unaware of the risk to human life posed by your conduct and committed the act by accident.
- Sudden Passion – Cases of deaths caused by a sudden passion may fall under a reduced charge.
- Procedural Errors – If there are errors in the investigation, arrest, and ongoing legal process, you may be less likely to be convicted, and your charges may be reduced.
- Mistaken Identity – If you were wrongfully accused of manslaughter, your attorney can fight to get your charges dropped.
No matter what sort of mitigating factors were at play in your case, our San Antonio manslaughter defense attorney can help you fight to eliminate or reduce your charges. We’re ready to establish reasonable doubt against your guilt during a criminal trial if needed.
Defend Your Freedom With Trusted Legal Representation
When you’re up against a manslaughter charge in Texas, having the right defense can change the outcome. John is committed to protecting your rights and guiding you through every step of the process.
Don’t face these penalties alone. Contact our San Antonio criminal law attorney today to get the legal support you need. We will carefully investigate the circumstances of your case to fight back against a guilty verdict.