Houston Manslaughter Lawyer

Houston Manslaughter Attorney

Manslaughter is a criminal charge for recklessly killing another person. In Texas, courts do not distinguish between voluntary and involuntary manslaughter. A person doesn’t have to intend to kill someone or cause serious injury to be charged with manslaughter; they only need to know that death is a possible consequence of their reckless actions.

Why Choose Us?

If you’re facing manslaughter charges, an experienced Houston manslaughter lawyer at the Law Office of Joseph Ruiz, PLLC can help preserve your rights and interests. For more than 10 years, our legal team has provided high-quality legal representation to hundreds of individuals in the Houston area. Our founding attorney has been recognized for excellence in criminal defense by several distinguished organizations, including Texas Super Lawyers.

Texas Manslaughter Penalties

Manslaughter is a second-degree felony, carrying penalties that include up to 20 years in state prison, up to $10,000 in fines, and a permanent criminal record. If the person killed is an emergency services worker, firefighter, or court official, or if more than one person is killed, the charge may be escalated to a first-degree felony with harsher penalties.

This can impact a convicted person’s ability to find work and housing, their ability to get certain professional licenses, and many other significant areas of their life.

According to recent data, Texas has a violent crime rate of 389 incidents per 100,000 residents. This includes homicide, aggravated assault, robbery, and rape. Homicide accounts for only about 1% of total violent crimes in Texas, and both violent crime and homicide specifically are down from 2021.

Manslaughter and Motor Vehicles

Texas specifically defines intoxication manslaughter as causing a death by being under the influence of an intoxicating substance while driving or otherwise operating a car or other motor vehicle. If any driver operates an automobile in a reckless way, such as racing or drag racing, and causes someone else’s death, the driver may face manslaughter charges.

Why You Should Hire a Manslaughter Lawyer

A criminal defense lawyer can review the facts of the incident and the procedures used by law enforcement officials and make notes about important factors that can influence the result in your case. Your attorney can then compare the details of your case to criminal laws, case law, and legal procedures to make sure your rights were protected. At that point, they can begin to construct a legal argument to defend you against the allegations.

The defense attorney’s job is to argue that the evidence does not prove that the defendant is guilty of the charges beyond a reasonable doubt. For manslaughter, the prosecution has the burden of proving that the accused’s actions were reckless, led to someone else’s death, and that they were aware of the possibility of such an outcome. A defense attorney can show that one or more of these elements have not been sufficiently proven.

An experienced criminal defense attorney can use one or more common legal strategies for such a defense. Which ones are most effective depends on the facts of the specific case. Some of the most common legal defense strategies for manslaughter include:

• Negligence rather than recklessness – This means that the accused was not aware of the risks of their behavior and could not have consciously disregarded the safety of others. It is important to note that negligence may still lead to a lesser criminal charge.
• Self-defense – In Texas, people have the right to defend themselves or others if they believe they are under an immediate threat of harm or death. However, this defense can be difficult because the actions the defendant took in the incident have to be deemed necessary and proportionate to the perceived threat.
• No crime occurred – In some cases, the defense attorney may be able to argue that the death was not caused by the defendant’s actions at all.

Reach Out to a Houston Manslaughter Law Firm You Can Trust

Our team is happy to help those accused of crimes in Texas. A positive outcome in your case can look like having charges dismissed, negotiating a lesser charge, or receiving a not guilty verdict if your case goes to trial at the Harris County Courthouse in Houston. Recently, our firm achieved a favorable outcome in an intoxication manslaughter case by highlighting weaknesses in the evidence, leading to a greatly reduced sentence for our client.

FAQs About Houston, TX Manslaughter Laws

What Is the Manslaughter Law in Texas?

The manslaughter law in Texas is Penal Code 19.04, which states that manslaughter can be charged when a person recklessly causes someone else’s death. It is a second-degree felony in most cases, but can be considered a first-degree felony in cases where someone is killed in the commission or as a result of certain crimes, such as an attack on a power plant or facility.

What Are the Types of Manslaughter in TX?

The types of manslaughter in TX include manslaughter and intoxication manslaughter. A related but lesser charge is criminally negligent homicide. Manslaughter may also be used in some cases as a lesser charge for a defendant facing murder accusations. To prove manslaughter, the prosecution must show that the defendant was reckless, knew the risk, and that their actions led to someone else’s death.

What Is the Difference Between Negligent Homicide and Manslaughter in Texas?

The difference between negligent homicide and manslaughter in Texas is that manslaughter is considered a more serious crime than criminally negligent homicide. Manslaughter means causing the death of another person through reckless actions. This includes being aware of the possibility that someone might die and choosing to disregard it.

Criminally negligent homicide means the person did not perceive the risk of someone dying in a situation where a reasonable person would have recognized that risk.

Can You Get a Manslaughter Charge for a DUI in Texas?

Yes, in some cases, you can get a manslaughter charge for a DUI in Texas. You can only be charged with manslaughter with a DUI if you also caused the death of one or more people. In such cases, the penalty for manslaughter is the same as it is in other manslaughter cases. If more than one person is killed as a result of DUI, more serious charges and penalties may apply.

Experienced Houston Manslaughter Attorney

If you’ve been accused of manslaughter, the first step to protect your freedom is to hire a manslaughter lawyer to advocate on your behalf. Contact the Law Office of Joseph Ruiz, PLLC, right away to schedule an initial consultation.