Houston Manslaughter Defense Attorney

Manslaughter is a lesser criminal action found within the criminal homicide section of the penal code.  In order to determine the culpability of an individual to match the definition of manslaughter, a Houston jury must find that their behavior was reckless (as opposed to intentional for murder charges).  Manslaughter often appears to some people to be a much lesser crime that does not necessitate full legal counsel.  However, manslaughter is a felony offense that can have dire repercussions on an individual’s ability to sustain a job, retain custody of any children, and even vote in a general election.  If you have been charged with manslaughter, do not hesitate to contact the experienced Houston manslaughter defense attorneys at Mary E. Conn & Associates as soon as possible after your arrest.

What Are the Types of Manslaughter in Houston?

In Texas, manslaughter is a serious criminal charge that involves the unlawful killing of another person without the intent to cause death, differentiating it from murder. Understanding the types of manslaughter recognized by Texas law is crucial for anyone facing such charges or seeking to comprehend the legal nuances of homicide cases.

Types of Manslaughter

Texas law categorizes manslaughter into two main types: voluntary manslaughter and involuntary manslaughter. While Texas statutes primarily recognize manslaughter and criminally negligent homicide, the concept of voluntary manslaughter often comes into play during the legal proceedings.

Voluntary Manslaughter

Voluntary manslaughter occurs when a person intentionally kills another in the “heat of passion” resulting from adequate provocation. Although Texas law does not explicitly label this as a separate charge, it often serves as a mitigating factor during murder trials. To qualify as voluntary manslaughter, the following conditions typically apply:

• Provocation: The defendant must have been provoked in a manner that would cause a reasonable person to lose self-control.
• Sudden Passion: The killing must occur in the heat of the moment without time for the defendant to cool off.
• Intent: While the act of killing was intentional, it was not premeditated or planned.

In cases where voluntary manslaughter is argued successfully, the charges can be reduced from murder, leading to lesser penalties.

Involuntary Manslaughter

Involuntary manslaughter, often simply referred to as manslaughter in Texas statutes, involves unintentional killing resulting from reckless behavior. The key elements include:

• Recklessness: The defendant’s actions were reckless and showed a disregard for the substantial risk of causing death.
• Lack of Intent: There was no intention to kill or cause serious bodily harm.

A common example of involuntary manslaughter is vehicular manslaughter, where a person causes a fatal accident due to reckless driving, such as speeding or driving under the influence of alcohol or drugs.

Legal Consequences

Manslaughter is classified as a second-degree felony in Texas. If convicted, individuals can face:

• Prison Time: Sentences range from 2 to 20 years in a state prison.
• Fines: Fines can go up to $10,000.
• Probation: Probation may be an option, often accompanied by community service and mandatory counseling.

Involuntary manslaughter involving a vehicle (vehicular manslaughter) can lead to additional penalties, such as license suspension and heightened scrutiny from insurance companies.

Manslaughter and Murder Punishment Ranges

The Texas Penal Code defines manslaughter as recklessly causing a person’s death.  Criminal manslaughter charges are often brought after car accidents caused by one person’s intoxication, which led to a fatality. Manslaughter is a second degree felony, which is punishable by up to twenty years in prison and up to a $10,000 fine.

Manslaughter is different than the crime of criminally negligent homicide, which is a state jail felony.  In determining the charges, the grand jury or court during pretrial conferences must determine whether the defendant’s behavior rose from criminal negligence to recklessness.

Manslaughter is differentiated from murder in the culpability of the defendant.  Specifically, murder involves the intentional or knowing death of another person.  Capital murder is a more serious crime and is often the charge when one person commits murder for financial gain.  While manslaughter is a lesser charge of criminal homicide in the Texas Penal Code, it can still lead to a felony conviction and therefore should be handled appropriately with the advice of experienced Houston manslaughter defense attorneys.

Manslaughter Defense

It is important to remember that an arrest is not yet a conviction, and a jury must find an individual guilty beyond a reasonable doubt, before a conviction occurs.  The crime of manslaughter is much different than the levels of murder, since the crime does not require an intentional action.  Manslaughter thereby requires the jury to find that the defendant acted recklessly in his or her behavior.  The word “reckless” is a legal term of art, and it is up to the defendant to prove that his or her behavior did not meet this strict standard.  An experienced Houston manslaughter defense attorney will work with you to build your defense in the pretrial stage as well as the trial stage.

Houston Manslaughter Defense Attorney

If you have been arrested on manslaughter charges, do not hesitate to contact Mary E. Conn & Associates.  Criminal defense attorney Mary E. Conn and her team are skilled manslaughter defense attorneys in Houston have handled dozens of manslaughter cases, stemming from different facts and circumstances.  The facts of your individual case will prove important throughout the trial and will determine what type of defense argument will be presented.  Mary E. Conn will work closely with you to keep you informed each step of the way, including any potential plea deals offered by the state.  Contact our Houston office on (713) 357-4190 as soon as possible for your initial free consultation and we will begin to work on establishing your defense.