The call from jail. The disbelief in your family’s voices. The sickening reality that someone died in what should have been just another drive.
Now you’re facing vehicular manslaughter charges, and the truth is stark: Texas prosecutors won’t see this as an accident. They’ll paint you as reckless, criminal, indifferent to human life. While you struggle to process what happened, they’re already building a case designed to put you away for years.
For over three decades, our Criminal Defense Lawyers have turned these nightmares around – often with a single phone call. Our approach gets results without the endless court appearances and sleepless nights you’re imagining.
One free case review is all it takes to start turning this around. Call (972) 528-0116 now, and within minutes you’ll have a clear path forward and the peace of mind that comes from knowing someone powerful is handling this for you.
Vehicular Manslaughter vs. Vehicular Homicide
Many people use the terms “vehicular manslaughter” and “vehicular homicide” interchangeably, but there are important distinctions to understand:
Vehicular Manslaughter generally refers to causing death through reckless driving behavior without intent to harm. In Texas, this typically falls under Penal Code § 19.04, which addresses reckless conduct resulting in death.
Vehicular Homicide is not a specific charge in Texas but often refers to more serious cases that might be charged as murder when there are aggravating factors like extreme recklessness, prior DWI convictions, or evidence suggesting a greater degree of culpability.
What Is Vehicular Manslaughter in Texas? Charges and Sentences
While Texas law doesn’t have a specific statute titled “vehicular manslaughter,” prosecutors throughout Texas pursue several criminal charges when a death occurs while operating a motor vehicle. Understanding these distinctions is crucial for your defense:
| Charge | Legal Statute | Classification | Definition | Key Elements |
|---|---|---|---|---|
| Manslaughter | Tex. Penal Code § 19.04 | Second-degree felony | Recklessly causing the death of another person | Person consciously disregards a substantial and unjustifiable risk |
| Criminally Negligent Homicide | Tex. Penal Code § 19.05 | State jail felony | Causing death through criminal negligence | Person should have been aware of a substantial and unjustifiable risk |
| Intoxication Manslaughter | Tex. Penal Code § 49.08 | Second-degree felony (First-degree if victim was first responder) | Causing death while driving intoxicated | • Operating motor vehicle while intoxicated • Causing death as a result |
The key difference between manslaughter and criminally negligent homicide is your awareness of the risk—with criminal negligence, you should have been aware of the risk but weren’t, while with recklessness, you were aware of the risk but disregarded it.
Punishment for Vehicular Manslaughter: How Many Years Can You Get?
The consequences of a vehicular homicide conviction in Texas are severe and can impact every aspect of your life:
| Offense Classification | Prison/Jail Term | Fine | Other Consequences |
|---|---|---|---|
| Class A Misdemeanor | Up to 1 year | Up to $4,000 | License suspension, permanent criminal record |
| State Jail Felony | 180 days to 2 years | Up to $10,000 | Loss of voting rights, employment restrictions |
| Third-Degree Felony | 2 to 10 years | Up to $10,000 | Employment & housing difficulties |
| Second-Degree Felony | 2 to 20 years | Up to $10,000 | Loss of professional licenses |
| First-Degree Felony | 5 to 99 years or life | Up to $10,000 | Loss of civil rights |
Beyond these legal penalties, a conviction can result in:
- Driver’s license suspension or revocation
- Inability to pursue certain professional licenses
- Significant insurance premium increases
- Limited educational and housing opportunities
- Strained personal and family relationships
How Do You Get Charged With Vehicular Manslaughter in Texas?
According to Texas Department of Transportation data, certain driving behaviors significantly increase the risk of fatal accidents. Vehicular manslaughter charges in Texas typically arise from situations like:
⚠️ High-Risk Driving Behaviors
| Behavior | Legal Classification | Statistics |
|---|---|---|
| Driving while intoxicated (DWI) | Intoxication Manslaughter | Involved in 25% of all Texas traffic fatalities |
| Excessive speeding | Reckless Driving/Manslaughter | Factor in 32% of fatal crashes in Texas |
| Street racing | Racing on Highway causing death | Increasing problem in urban areas statewide |
| Distracted driving/texting | Negligent Homicide | Contributes to approximately 20% of fatal accidents |
| Running red lights/stop signs | Reckless Driving/Manslaughter | Common in urban intersection fatalities |
| Driving with a suspended license | Can enhance other charges | Often indicates pattern of unsafe driving |
| Drowsy driving | Can constitute negligence | Most common in late night/early morning accidents |
Even momentary lapses in judgment can result in tragedy and subsequent criminal charges. Our defense team understands that good people can make mistakes or be falsely accused, and we’re committed to protecting your rights.
How to Defend Against Vehicular Manslaughter Charges in Texas
The prosecution must prove beyond reasonable doubt that you acted recklessly or with criminal negligence. At the Law Offices of Richard C. McConathy, we understand that not every traffic fatality is a crime.
Our Proven Defense Strategies
We will thoroughly investigate your case to build the strongest possible defense, which may include:
- Lack of recklessness or negligence – Demonstrating that you were operating your vehicle in a lawful, safe manner
- Accident without criminal culpability – Showing the death resulted from a true accident rather than criminal behavior
- Challenging accident reconstruction – Questioning the methodology and conclusions of accident investigations
- Contesting blood alcohol or drug test results – Identifying improper testing procedures or chain of custody issues
- Mechanical failure defense – Proving that vehicle malfunction contributed to the accident
- Third-party responsibility – Establishing that another driver’s actions caused or contributed to the accident
- Medical emergency defense – Showing an unforeseen medical condition affected your driving ability
- Constitutional violations – Identifying improper police procedures or unlawful evidence collection
Real Case Results: DWI and Intoxication Cases Dismissed
Our firm has successfully defended numerous clients facing serious intoxication and DWI charges that could have resulted in vehicular manslaughter charges had accidents occurred. Here are some notable case results from our records:
- Intoxication Assault, Breath Test Case, Result of .17, Dismissed (F09-52586)
- Intoxication Assault, Breath Test Case, Result of .17, Dismissed (F09-71478)
- Intoxication Assault, Breath Test Case, Result of .17, Dismissed (F10-00757)
- Intoxicated Assault, Breath Test Case, Result Of 0.127, Dismissed (F-0325944 203rd District Court)
Client Testimonial
“About a year ago I was driving home from a work event and I got into a car accident. The other driver was injured and it was determined that my blood alcohol level was 0.15. My friend recommended Richard McConathy. Right away he told me how serious the charges were. I was being charged with intoxication assault and I had no idea what that even meant, but it carried a penalty up to 10 years in prison. For me ten years would have been a death sentence. I would have lost my career, my family, my reputation. For me everything was on the line. But Richard’s team was tenacious. They told me they were gonna fight this to the end in court. I felt like he cared about me and my best interests and treated me like I was family. They were able to get the blood test dismissed and my case was dismissed. I can’t thank Richard and his team enough.”
— Former Client, Intoxication Assault Case
Breakdown of the Above Intoxication Assault Case
Note: This analysis provides additional details about the case mentioned in the testimonial above.
Case Background: The client whose testimonial appears above was charged with intoxication assault after a car accident in which another driver was injured. Police reported a blood alcohol concentration of 0.15—nearly twice the legal limit. The client was facing serious penalties including potential prison time up to 10 years.
Our Approach:
- We thoroughly examined all evidence in the case
- We challenged the blood alcohol testing procedures
- We investigated the circumstances of the accident
- We prepared a comprehensive defense strategy
Result: Through our meticulous investigation and legal strategy, we were able to get the blood test evidence dismissed. Without this key evidence, the prosecution was unable to proceed with the case, resulting in a complete dismissal of all charges.
This case demonstrates our commitment to examining every detail and fighting aggressively for our clients facing serious intoxication-related charges.
Why Choose Us for Your Vehicular Manslaughter Defense
When your freedom is at stake, experience matters. The Law Offices of Richard C. McConathy offers:
- 35+ years of criminal defense experience in Dallas County
- Specialized knowledge of Texas vehicular manslaughter laws
- Strong relationships with local courts and prosecutors
- Proven track record of successful case dismissals
- Personal attention from Attorney Richard McConathy throughout your case
- Team approach with experienced legal professionals working on your behalf
The Process: What to Expect After a Vehicular Manslaughter Charge
If you’ve been charged with vehicular manslaughter, understanding the legal process ahead is crucial:
- Initial arrest and booking – You may be arrested at the scene or after an investigation
- Bail hearing – We’ll advocate for reasonable bail conditions
- Grand jury indictment (for felony charges) – The prosecution presents evidence to a grand jury
- Arraignment – Formal reading of charges and entry of initial plea
- Discovery phase – Our team obtains and reviews all evidence
- Pre-trial motions – We may file motions to suppress evidence or dismiss charges
- Plea negotiations – Discussions with prosecutors about possible resolutions
- Trial – If necessary, we present your defense before a judge or jury
- Sentencing (if convicted) – We advocate for minimum penalties
- Appeals (if necessary) – Challenging legal errors in the trial
As your defense team, we guide you through each step, explaining options and fighting for the best possible outcome.
Texas Resources for Vehicular Manslaughter Cases
- Texas Penal Code Chapter 19: Criminal Homicide – The official state statutes governing manslaughter charges
- Texas Transportation Code Chapter 550 – Laws regarding accidents and accident reporting
- Texas Court System – Information about court procedures and locations
Contact Our Texas Vehicular Manslaughter Defense Lawyers Today
If you or a loved one has been charged with vehicular manslaughter in Texas, don’t face these serious charges alone. We will fight tirelessly to protect your rights, your freedom, and your future.
📞 Call (972) 528-0478 for a Consultation
The Law Offices of Richard C. McConathy will evaluate your case, explain your options, and develop a strategic defense plan tailored to your specific situation. Our Criminal Defense Lawyers serve clients throughout Irving, Dallas, Carrollton, Richardson, and surrounding areas of Texas.
Liberty or death isn’t just our motto—it’s our commitment to your defense