An accident that results in the unintentional death of another person will inevitably change the lives of all involved. Every individual who is represented by Law Offices of Richard C. McConathy has a unique set of circumstances and stories with regards to the charges they are facing. We devote our time listening to you and gathering information to guide your trial to a positive outcome.
Manslaughter and intoxication manslaughter are among the most serious charges in Texas. They are among the four categories of criminal homicide in Texas and carry lengthy prison terms, especially if there are more than one victim and multiple counts related to the incident. While the events of an accident can occur in a split second and seem to exist in the fog of memory, legal counsel will meticulously and thoughtfully recreate the events to form a clear picture.
Manslaughter Defense Lawyer in Irving, Dallas, Carrolton, Richardson, TX
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.
Manslaughter
In Texas, manslaughter is defined in Texas Penal Code § 19.04 as recklessly causing the death of an individual. To understand the definition, it’s important to consider the mental states outlined in Texas Penal Code § 6.03:
- Intentionally: A person acts intentionally if they engage in conduct with the conscious objective or desire to commit the act or cause the specific result.
- Knowingly: A person acts knowingly if they are aware that their conduct is reasonably certain to cause the desired result.
- Recklessly: A person acts recklessly if they commit an act while being aware of the risk involved but consciously disregard the possibility of the result occurring. Recklessness requires a gross deviation from the standard of care that an ordinary person would exercise under the same circumstances.
- Criminal Negligence: A person acts with criminal negligence if they should be aware of a substantial and unjustifiable risk that the result will occur.
In the context of manslaughter, the focus is on reckless conduct that leads to the death of another individual. For example, a person who causes a fatal motor vehicle accident by driving recklessly, such as by speeding, racing, or swerving between cars, may be charged with manslaughter.
Additionally, manslaughter can apply in cases where a physical fight occurs, and although there was no intention to seriously harm another person, the result is injury leading to death.
It’s important to note that Texas does not have a legal separation between voluntary and involuntary manslaughter, as some other states do. Instead, the state focuses on the reckless conduct that caused the death, rather than distinguishing between intentional and unintentional acts.
If you or someone you know is facing charges related to manslaughter in Texas, it’s crucial to consult with a criminal defense attorney who can provide guidance and legal representation based on the specific circumstances of the case.
Manslaughter Penalties in Dallas
Manslaughter is punishable as a second-degree felony. The penalties are up to 20 years in prison, though there is a possibility of a lesser charge of up to 180 days in jail followed up by two to ten years’ probation. A fine of up to $10,000 may be required.
In Dallas, Texas, manslaughter is considered a second-degree felony, and the penalties for this offense can include imprisonment and fines. The specific penalties for manslaughter in Fort Worth are as follows:
- Imprisonment: A conviction for manslaughter can result in a prison sentence of up to 20 years. This means that the court can sentence the defendant to serve a term of imprisonment in the Texas Department of Criminal Justice for a period of up to two decades.
- Lesser Charge: In some cases, there may be a possibility of a lesser charge. This could involve a sentence of up to 180 days in jail followed by two to ten years of probation. This option allows for a shorter period of confinement in jail, followed by a supervised probationary period.
- Probation: As part of the sentencing, the court may impose a period of probation. During this time, the individual will be required to comply with specific conditions set by the court. Failure to meet these conditions can result in further legal consequences, including revocation of probation and the imposition of a prison sentence.
- Fine: In addition to imprisonment or probation, the court can order the payment of a fine. The maximum fine that can be imposed for manslaughter in Fort Worth is up to $10,000. The amount of the fine will depend on the circumstances of the case and the court’s discretion.
It’s important to note that the specific penalties imposed for manslaughter can vary depending on the details of the case, including factors such as the nature of the offense, the presence of aggravating or mitigating circumstances, and the defendant’s criminal history. To fully understand the potential penalties you may face for manslaughter in Dallas County, it is recommended to consult with a criminal defense attorney who can provide you with personalized legal advice based on the specific facts of your case.
Intoxication Manslaughter
Intoxication manslaughter is a serious offense in Texas, and it occurs when a person, due to their intoxication, causes a motor vehicle accident that results in the death of another individual. The Texas Penal Code provides specific definitions and penalties for this offense.
Under Texas Penal Code § 49.08, a person commits intoxication manslaughter if they operate a motor vehicle, aircraft, watercraft, or amusement ride while intoxicated and, as a result of that intoxication, cause the death of another individual by accident or mistake. Intoxication is defined in Section 49.01 as having an alcohol concentration of .08 or more or not having the normal use of mental or physical faculties due to the influence of any substance.
The offense of intoxication manslaughter is generally classified as a second-degree felony. Upon conviction, the punishment can range from two to 20 years of imprisonment and a fine of up to $10,000. However, there are certain circumstances that can elevate the offense to a higher degree felony with harsher penalties.
If the victim of the offense is a firefighter or emergency medical services personnel who was in the actual discharge of an official duty, the charge is elevated to a first-degree felony. In such cases, the sentence carries a minimum of five years and a maximum of 99 years of imprisonment, along with a fine of up to $10,000.
It’s important to note that previous convictions related to operating a vehicle, aircraft, watercraft, or amusement ride while intoxicated can also affect the severity of the offense. Depending on the prior convictions, the offense can range from a Class A misdemeanor to a third-degree felony.
If you find yourself facing charges of intoxication manslaughter, it is crucial to consult with a qualified criminal defense attorney who can provide you with the appropriate legal advice and representation. They will help build a solid defense, challenge any assumptions about your intoxication, and examine the specific circumstances of the accident to protect your rights and advocate for the best possible outcome in your case.
Tarrant County Resources for Manslaughter
Texas Code of Criminal Procedure – Chapter 21 of the Texas Code of Criminal Procedure outlines the requirements and procedures related to the filing and presentation of indictments and informations. An indictment is a written statement accusing a person of committing a criminal offense. It is presented by a grand jury and must include certain elements such as the name of the accused, the offense charged, and a statement of sufficient facts to inform the accused of the nature of the offense. An information is a written statement filed by a prosecutor, typically in misdemeanor cases, that accuses a person of committing a criminal offense. Unlike an indictment, an information does not involve a grand jury and is presented directly by the prosecutor. Chapter 21 specifies the required contents of indictments and informations, including the necessary elements to be included, such as the offense charged, the jurisdiction of the court, and the name of the accused. This chapter also covers the procedures for presenting indictments and informations to the court. It includes requirements for signing and filing these documents and the necessary steps to ensure their validity and accuracy. Chapter 21 outlines the types of cases to which indictments and informations apply, including felony offenses, misdemeanor offenses, and certain specific offenses mentioned in the chapter. Specific details and procedures may vary depending on the circumstances of each case and the applicable laws in Texas. For precise and detailed information, it is advisable to consult the actual text of Chapter 21 of the Texas Code of Criminal Procedure or seek legal advice from a qualified attorney familiar with Texas criminal law.
Texas Code of Criminal Procedure – Trial – Chapter 36 of the Texas Code of Criminal Procedure covers various aspects of a trial before a jury, including the order of the trial, the selection of jurors, presentation of evidence, closing arguments, jury instructions, and jury deliberations. The process of selecting jurors, known as voir dire, is conducted to determine the qualifications and suitability of potential jurors for a particular case. Attorneys for both the prosecution and defense have the opportunity to question and challenge potential jurors to ensure a fair and impartial jury. The chapter specifies the general order in which different stages of the trial are conducted, including the opening statements by the attorneys, presentation of evidence, examination and cross-examination of witnesses, closing arguments, and jury instructions. The chapter outlines the procedures for presenting witnesses during the trial. This includes the examination of witnesses by both the prosecution and defense, the rules of evidence that govern the admissibility of testimony, and the process for impeaching or challenging the credibility of witnesses. Both the prosecution and defense have the opportunity to make opening statements and closing arguments to summarize their case and persuade the jury. The chapter provides guidelines on the content and duration of these arguments. Once the presentation of evidence and closing arguments are completed, the jury is typically sequestered to deliberate and reach a verdict. The chapter addresses the procedures for jury deliberations, including instructions on the law, the role of the jury, and the requirement of reaching a unanimous verdict in criminal cases. Specific details and procedures of a trial may vary depending on the circumstances of each case and the applicable laws in Texas. For precise and detailed information, it is advisable to consult the actual text of Chapter 36 of the Texas Code of Criminal Procedure or seek legal advice from a qualified attorney familiar with Texas criminal law.
Texas Penal Code – General Defenses – Chapter 8 of the Texas Penal Code covers various statutory defenses that may be raised by a defendant in a criminal case. These defenses provide legal justifications or excuses for certain actions that would otherwise be considered criminal. Mistake of Law asserts that the defendant made an honest and reasonable mistake about the law, and therefore, should not be held criminally responsible for their actions. Mistake of Fact argues that the defendant made an honest and reasonable mistake about a factual element of the offense, which negates the required mental state or intent for the crime. Insanity asserts that the defendant, due to a mental disease or defect, lacked the capacity to understand the nature and consequences of their actions or to distinguish right from wrong at the time the offense was committed. Duress involves a situation where the defendant committed a crime under immediate threat or coercion, where their life or safety was in imminent danger, and there was no reasonable opportunity to escape or avoid committing the offense. Entrapment occurs when law enforcement officers induce or encourage a person to commit a crime they would not have otherwise committed. The defense argues that the defendant was unlawfully lured or persuaded by law enforcement into engaging in criminal conduct. The availability and applicability of these defenses can vary depending on the specific circumstances of each case and the elements of the offense charged. The Texas Penal Code provides further details and requirements for each defense. If you are facing criminal charges or seeking legal advice, it is recommended to consult the actual text of Chapter 8 of the Texas Penal Code or seek guidance from a qualified attorney who can provide personalized assistance based on the specifics of your situation.
Find A Dallas County Defense Attorney for Manslaughter Charges | Law Offices of Richard C. McConathy
Manslaughter and Intoxication Manslaughter cases require experienced felony criminal defense attorneys with a record of success. The penalties can mean years in prison and a felony on your record.
Contact the Law Offices of Richard C. McConathy today at (972) 233-5700 for a consultation about your alleged offense in Irving, Dallas, Carrolton, Richardson, and surrounding areas of Dallas County, Texas. Our firm will work to potentially get your criminal charges reduced or dismissed.