There is a path forward after a manslaughter charge, even if it does not feel that way right now. Manslaughter in Texas means recklessly causing someone’s death, a second-degree felony carrying up to 20 years in prison.
At the Law Offices of Richard C. McConathy, I take your calls 24/7 as a Manslaughter Lawyer. You speak with Richard directly from the first call, not a paralegal fielding intake questions before passing your case along.
Call (972) 233-5700 the moment you learn you are under investigation for manslaughter in Texas.
Why Direct Attorney Access Matters in a Manslaughter Case
At the Law Offices of Richard C. McConathy, we believe that every client deserves direct attention, not a rotating cast of assistants who read from a script. A manslaughter charge turns on one specific legal question, whether your conduct was reckless, and that question deserves a lawyer’s attention from day one.
We give clients a straight assessment of what the evidence shows, without pressure tactics designed to rush a decision either way. Some manslaughter cases have arguments for a reduced charge or an acquittal. Others call for a negotiated resolution. We will tell you which one you are facing as soon as we review your case with confidentiality.
What Is Manslaughter Under Texas Law?
Manslaughter under Texas law means recklessly causing the death of another person, as defined in Tex. Penal Code § 19.04. Reckless conduct means consciously disregarding a substantial and unjustifiable risk that death could result, a standard defined further in Penal Code § 6.03.
This offense is a second-degree felony, carrying 2 to 20 years in prison and a fine of up to $10,000. Texas law raises manslaughter to a first-degree felony only in a narrow situation involving damage to a critical infrastructure facility that results in death.
Why Recklessness Looks Different From Intent
Manslaughter does not require proof that you meant to kill anyone, which separates it from murder under Penal Code § 19.02. The state has to show you knew about a serious risk and ignored it anyway, not that you set out to cause a death.
How Does Manslaughter Differ From Murder and Criminally Negligent Homicide in Texas?
Texas divides unintentional and intentional deaths into distinct offenses based on the defendant’s state of mind at the time. Manslaughter sits in the middle of that scale, above criminally negligent homicide and below murder.
Understanding where a specific case falls on this scale often determines the entire defense strategy.
- Murder under § 19.02 requires the state to prove intentional or knowing conduct that caused death.
- Manslaughter under § 19.04 requires proof of reckless conduct, meaning conscious disregard of a known risk.
- Criminally negligent homicide under § 19.05 requires only a failure to perceive a risk that a reasonable person would have recognized.
- Intoxication manslaughter under § 49.08 applies specifically to deaths caused by an intoxicated driver, operator, or boater.
- Aggravated assault charges may apply instead when the alleged victim survives a reckless act that caused injury.
A prosecutor’s choice among these charges shapes everything from bail conditions to trial strategy. I review the specific facts of an arrest closely, since the state sometimes charges the more serious offense when the evidence more accurately supports a lesser one.
Manslaughter vs. Related Texas Homicide Charges
Offense | Governing Statute | Mental State Required | Felony Level | Prison Range |
Murder | Tex. Penal Code § 19.02 | Intentional or knowing | First-degree felony | 5 to 99 years or life |
Manslaughter | Tex. Penal Code § 19.04 | Reckless | Second-degree felony | 2 to 20 years |
Criminally negligent homicide | Tex. Penal Code § 19.05 | Criminal negligence | State jail felony | 180 days to 2 years |
Intoxication manslaughter | Tex. Penal Code § 49.08 | Intoxication while operating a vehicle or vessel | Second-degree felony | 2 to 20 years |
What Does the State Have to Prove in a Manslaughter Case?
The state must prove three specific elements to secure a manslaughter conviction in Texas. Missing any one of these elements can defeat the charge or support a lesser offense instead.
Prosecutors carry the burden of establishing each of the following at trial.
- You owed some form of duty of care toward the person who died.
- You consciously disregarded a substantial and unjustifiable risk connected to that duty.
- Your specific conduct directly caused the death in question.
What Defenses Apply to a Texas Manslaughter Charge?
Several defense strategies apply to manslaughter charges, and the right one depends heavily on the specific facts surrounding the death. A defense built around genuine accident looks nothing like one built around self-defense.
Defense approaches I evaluate in these cases include the following.
- Arguing the death resulted from a true accident rather than conscious disregard of a known risk.
- Raising self-defense or defense of another, when force was used in response to a threat.
- Challenging whether your specific conduct actually caused the death, as opposed to another factor.
- Contesting whether you owed a legal duty of care in the specific situation at issue.
- Pursuing a reduction to criminally negligent homicide when the evidence supports negligence rather than recklessness.
Each of these defenses requires specific evidence tied to the facts of your case. Our firm reviews police reports, witness statements, and any available forensic evidence before recommending which direction actually fits.
Can a Manslaughter Charge Get Reduced in Texas?
Yes, a manslaughter charge sometimes gets reduced to criminally negligent homicide or resolved through a negotiated plea, depending on the strength of the state’s evidence. A reduction from a second-degree felony to a state jail felony changes the sentencing exposure significantly.
Whether a reduction becomes realistic depends on specific factors in the case, including how clearly the evidence shows conscious disregard of a risk versus a simple failure to notice one. I review that distinction early, since it often determines the entire negotiating position.
What Happens After a Manslaughter Arrest in Texas?
A manslaughter arrest in Texas moves through bail determination, grand jury indictment, and discovery before trial or a negotiated resolution. Each stage creates a specific opportunity to influence the outcome of the case.
Getting an attorney involved before these stages happen gives you more control over what follows.
- Bail determination, where the specifics of the case affect what conditions get set.
- Grand jury review, since a felony manslaughter charge requires indictment before trial can proceed.
- Discovery, where I review the evidence the state intends to use against you.
- Pretrial motions, including challenges to evidence gathered improperly.
- Trial or negotiated resolution, depending on how the evidence holds up under review.
FAQ for Texas Manslaughter Lawyer
Yes, at the Law Offices of Richard C. McConathy, we answer calls personally 24 hours a day, seven days a week, since manslaughter arrests happen at every hour and cannot wait for business hours. Calling immediately gives us the chance to get involved before key decisions get made without a defense attorney present.
You work with Richard C. McConathy directly from the first phone call through every stage of your case. I do not pass manslaughter cases off to junior staff given the felony exposure involved.
A death from a car accident does not automatically support a manslaughter charge unless the state can show reckless conduct beyond ordinary negligence. Reviewing the specific facts of the accident is where a defense begins.
Yes, manslaughter is charged as a felony in every case under Tex. Penal Code § 19.04, generally at the second-degree level. A rare exception involving critical infrastructure damage raises it to a first-degree felony.
Yes, probation is available for manslaughter convictions in some cases, depending on the facts, your criminal history, and the judge's discretion. A conviction involving a deadly weapon may limit eligibility for community supervision under Texas law.
Yes, when the death results from operating a vehicle, boat, or aircraft while intoxicated, the state generally charges intoxication manslaughter under § 49.08 rather than standard manslaughter under § 19.04. The two statutes carry the same penalty range but require different proof.
Manslaughter carries no fixed statute of limitations under Texas law, since homicide offenses remain prosecutable without a time limit. This differs from many lesser felony and misdemeanor charges that do carry filing deadlines.
Yes, self-defense may apply if the reckless conduct occurred while responding to a genuine threat of harm. Whether this defense succeeds depends heavily on the specific circumstances and evidence available.
Get Direct Attorney Access on Your Texas Manslaughter Case Now
The state builds its manslaughter case in the days immediately following a death, often before you even know you are a suspect. Waiting to bring in a lawyer gives investigators a head start that becomes harder to overcome the longer it continues.
Call the Law Offices of Richard C. McConathy at (972) 233-5700. We are available 24/7 and work with every client personally, giving you a direct and honest read on your case from the very first conversation.