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.
Criminal Defense Lawyer for Manslaughter in Dallas
If you are facing charges for manslaughter or intoxication manslaughter, it is vital you seek legal counsel to begin an extensive study of the case. With decades of combined experience at Law Offices of Richard C. McConathy, including a former Dallas County felony prosecutor, we will vigorously defend these serious charges.
We have offices in Dallas, Irving, Denton, Fort Worth, McKinney, Arlington, Plano, Allen, and practice throughout the surrounding areas. Call us to schedule a free consultation and we will immediately engage in a thorough review of your violent crime charges and the events in question.
Texas Manslaughter Charges Information
Texas is unique in separating the charge of manslaughter in the Texas Penal Code from intoxication manslaughter. Additionally, there is not a legal separation between voluntary and involuntary manslaughter as is common in other states.
Manslaughter is defined by Section 19.04 of the Texas Penal Code as recklessly causing the death of an individual. A person acts recklessly, or is reckless, when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the care that an ordinary person would exercise under the same circumstances.
A reckless driver falls into this category. Any motor vehicle accident caused by driving recklessly, or with a wanton disregard for the safety of others, that results in the death of another, may be charged with manslaughter.
Examples of manslaughter include a reckless driving accident due to speeding, racing, or swerving between cars. Additionally, there may have been a physical fight where there was no intention to harm another seriously, but the result was injury leading to death.
Manslaughter is punishable by a felony of the second degree. The penalties are two to 20 years’ imprisonment, 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.
Intoxication manslaughter takes place when, due to a driver’s intoxication, a motor vehicle accident occurs that results in death. A deadly accident is extremely tragic. If you have been unfortunately involved in a car crash, you may be facing a number of charges related to the accident. Law Offices of Richard C. McConathy will handle each aspect of your trial with extensive experience to draw upon.
A person need not be intoxicated on alcohol to be considered intoxicated. Section 49.01 of the Texas Penal Code defines intoxication as having an alcohol concentration of .08 or more or not having the normal use of mental or physical faculties by reason of any substance in the body. What sets intoxication manslaughter apart from manslaughter is the use of the term “reckless.”
If you are assumed to be intoxicated, then your actions are immediately considered reckless. A solid defense will question any assumption of your intoxicated mental and physical state and how it relates to the facts of the accident. Additionally, the accident must be specifically due to your intoxication, and would not have occurred otherwise, for you to be charged with intoxication manslaughter.
The punishment for Intoxication Manslaughter is a second-degree felony. The prison term is anywhere from two to 20 years and a fine of up to $10,000. It is possible to be sentenced with probation, but jail time remains a possibility. If the person killed in the accident is a firefighter or emergency responder, the charge is brought to a first-degree felony. The sentence is no less than five years up to a whopping 99 years imprisonment and a fine up to $10,000.
Find a Defense Lawyer 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. Through the trying time of an accident, the outcome resulting in death, the Dallas criminal defense attorneys of Law Offices of Richard C. McConathy can act as your guide. We will take control of your case, helping you focus on your emotional state and managing your personal affairs.
Schedule a free consultation immediately by calling us at (972) 233-5700 or completing an online form. Our practice area covers the Dallas area, including Carrolton, Irving, Allen, Fort Worth, Arlington, Plano, Lewisville, Denton, and Balch Springs.