[{"@context":"https:\/\/schema.org\/","@type":"BlogPosting","@id":"https:\/\/www.brodenmickelsen.com\/blog\/defend-intoxicated-manslaughter-dallas\/#BlogPosting","mainEntityOfPage":"https:\/\/www.brodenmickelsen.com\/blog\/defend-intoxicated-manslaughter-dallas\/","headline":"How to Defend Against Intoxicated Manslaughter in Dallas","name":"How to Defend Against Intoxicated Manslaughter in Dallas","description":"Intoxicated manslaughter in Dallas is a serious charge, but attorneys have several defense strategies they can use to help their clients. Manslaughter in Dallas is a felony charge under Texas Penal Code, Title 5, chapter 19, and defendants convicted of this crime can face a significant prison sentence. But Texas has upped the ante with...","datePublished":"2018-08-21","dateModified":"2023-10-18","author":{"@type":"Person","@id":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/#Person","name":"Mick Mickelsen","url":"https:\/\/www.brodenmickelsen.com\/blog\/author\/broden-mickelsen\/","identifier":16,"image":{"@type":"ImageObject","@id":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","url":"https:\/\/secure.gravatar.com\/avatar\/30690d9f76c45bf5d61434169e78762d673b1ac9b949489cf69f1c78d567fc27?s=96&d=mm&r=g","height":96,"width":96}},"publisher":{"@type":"Organization","name":"Broden, Mickelsen LLP","logo":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2022\/08\/Broden-and-Mickelsen-Logo.png","width":378,"height":77}},"image":{"@type":"ImageObject","@id":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2018\/08\/How-to-Defend-Against-Intoxicated-Manslaughter-in-Dallas-Attorneys-Broden-Mickelsen.jpg","url":"https:\/\/www.brodenmickelsen.com\/wp-content\/uploads\/2018\/08\/How-to-Defend-Against-Intoxicated-Manslaughter-in-Dallas-Attorneys-Broden-Mickelsen.jpg","height":334,"width":500},"url":"https:\/\/www.brodenmickelsen.com\/blog\/defend-intoxicated-manslaughter-dallas\/","about":["Intoxicated Manslaughter","Manslaughter"],"wordCount":868,"keywords":["Attorneys for Manslaughter in Dallas","Intoxicated Manslaughter","Intoxicated Manslaughter Defenses","Manslaughter in Dallas","Manslaughter In Texas"],"articleBody":"Intoxicated manslaughter in Dallas is a serious charge, but attorneys have several defense strategies they can use to help their clients.Manslaughter in Dallas is a felony charge under Texas Penal Code, Title 5, chapter 19, and defendants convicted of this crime can face a significant prison sentence.But Texas has upped the ante with this charge because it\u2019s one of the few states in the country that has established what is known as \u2018intoxicated manslaughter,\u2019 defined as a criminal offense that deals with an individual that causes the death of a victim due to intoxicated driving.Let\u2019s take a look at how intoxicated manslaughter works in Texas, and how defendants charged with this crime are defended in a court of law.Manslaughter In TexasBefore diving into intoxicated manslaughter, it\u2019s important to first define the criminal offense of manslaughter in Texas.The Texas criminal statute states that a person commits an offense if he recklessly causes the death of an individual. 1Texas treats manslaughter as one criminal charge, but in some states, manslaughter is divided into two charges: voluntary and involuntary manslaughter.Voluntary manslaughter is the more serious charge and refers to a defendant that had the intent to kill or cause serious bodily harm to the victim.This doesn\u2019t mean that the defendant planned the killing, but that when the events leading to the killing occurred, the defendant\u2019s actions showed the intent to end the victim\u2019s life.On the other hand, defendants charged with involuntary manslaughter did not intend to kill the victim, but circumstances still led to that person\u2019s death.Manslaughter in Texas is a second-degree felony, and the penalties for a conviction depend on the severity of the crime. For example, manslaughter involving a minor will often result in significant prison time.Manslaughter is considered a less serious offense than first-degree or second-degree murder because there is no premeditation or planning involved with this charge.In fact, many states refer to voluntary manslaughter as a \u2018crime of passion,\u2019 which means that a killing occurred while the defendant was in the grip of strong emotions.That doesn\u2019t mean that manslaughter isn\u2019t a serious felony, just that the penalties are typically less severe than for a defendant that is convicted of murder.The Crime of Intoxicated ManslaughterIntoxicated manslaughter occurs when an impaired driver kills another person with a vehicle. In other states, this crime is categorized as vehicular homicide.The legal standard for intoxication manslaughter in Texas is a person that operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride and is intoxicated, and by reason of that intoxication causes the death of another by accident or mistake. 2Intoxicated manslaughter is a second-degree felony that is punishable by a prison term of two to 20 years, and a fine of up to $10,000.It\u2019s important to understand that prosecutors must prove that a defendant was either impaired beyond the legal alcohol limit or that the defendant was significantly impaired by illegal narcotics or prescription drugs.Intoxicated Manslaughter DefensesSome of the intoxicated manslaughter defenses that are available to defendants include:Proving that the defendant was not legally impaired at the time of the accident \u2013 This typically means proving that an alcohol-testing machine malfunctioned, or that prescription drugs or illegal narcotics did not impair the defendant.Proving that the defendant was involuntarily intoxicated \u2013 This means proving that the defendant was impaired or drugged before the accident without their consent or knowledge.Proving that the direct cause of a victim\u2019s death was not due to the defendant being intoxicated \u2013 In some instances, lawyers may be able to show that the defendant\u2019s intoxication was not the direct cause of the victim\u2019s death. For example, if the defendant was intoxicated and involved in an accident but the accident was the fault of the other driver.One of the challenges that defense lawyers sometimes face in these cases is a client that has a previous DWI conviction.This is a challenge because it can indicate to a jury that a defendant\u2019s past pattern of behavior culminated in an intoxicated manslaughter charge.Attorneys for Manslaughter in DallasDefendants in Dallas that are charged with the crime of killing another person while driving impaired should hire experienced Dallas criminal defense attorneys for manslaughter. This is a serious charge that requires the expertise and skill of a law firm that understands how to mount an aggressive defense.Prosecutors view intoxicated manslaughter as a crime of choice, meaning that people that chose to drive while impaired must take responsibility for anything that occurs after that decision is made.Without legal counsel, defendants may forego their legal rights, and end up spending years in prison.Broden & Mickelsen, LLP \u2013 Call now if you are impacted by a vehicular manslaughter sentence in Texas.Dallas criminal attorneys for manslaughter.T:(214) 720-9552 Sources:https:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.19.htmhttps:\/\/statutes.capitol.texas.gov\/Docs\/PE\/htm\/PE.49.htm***ATTORNEY ADVERTISING***Prior results cannot and do not guarantee or predict a similar outcome with respect to any future case."},{"@context":"https:\/\/schema.org\/","@type":"BreadcrumbList","itemListElement":[{"@type":"ListItem","position":1,"name":"Blog","item":"https:\/\/www.brodenmickelsen.com\/blog\/#breadcrumbitem"},{"@type":"ListItem","position":2,"name":"How to Defend Against Intoxicated Manslaughter in Dallas","item":"https:\/\/www.brodenmickelsen.com\/blog\/defend-intoxicated-manslaughter-dallas\/#breadcrumbitem"}]}]