Manslaughter Defense Lawyer in Dallas

Dallas Manslaughter Defense Lawyer

Have you been charged with manslaughter in Dallas? If so, you probably already know that the potential consequences can be severe and that it’s important to mount a vigorous defense against them. Let a Dallas manslaughter defense lawyer from Broden & Mickelsen, LLP fight for your rights and freedom. Our team of attorneys includes board-certified specialists in criminal and criminal appellate law. Our more than six decades of combined legal experience give us considerable insight into even the toughest cases. Contact us for a free initial case review to discuss your options.

What Is Manslaughter?

Under Texas Penal Code §19.04, a person commits the crime of manslaughter if they recklessly cause another individual’s death. In Texas, manslaughter constitutes a second-degree felony unless the defendant recklessly caused another person’s death through the commission of the offense of damaging a criminal infrastructure facility, which the law defines as an electrical power generating facility, a substation, a switching station, an electrical control center, or an electrical transmission/distribution facility.

In Texas, a person acts “recklessly” under homicide statutes if they know of and consciously disregard a substantial and unjustifiable risk that their conduct will result in another individual’s severe injury or death, with the person’s decision to disregard that risk constituting a gross deviation from the standard of care that an ordinary person would exercise under all circumstances.

Types of Manslaughter Charges in Texas

People may face prosecution for various types of homicide charges commonly referred to as “manslaughter” by the public and press. Common types of manslaughter charges include:

  • Voluntary manslaughter: Texas law does not recognize an offense of “voluntary manslaughter,” commonly defined as an intentional homicide committed without premeditation or malice aforethought. However, offenses that might qualify as “voluntary manslaughter” in the public consciousness may fall under the subsection in Texas’s murder statute for “sudden passion” murder, which the law defines as a murder committed under passion directly caused by and arising out of provocation by the victim or another person acting with the victim at the time of the offense and not from prior provocation. A “sudden passion” defense in Texas can reduce the grading of a murder conviction from a first-degree felony to a second-degree felony.
  • Involuntary manslaughter: Involuntary manslaughter in Texas falls under the state’s manslaughter statute, as the offense occurs when a person causes another individual’s death without the intent to do so. In most cases, the person causes the other individual’s death by disregarding a substantial risk that their actions will lead to another individual’s severe injury or death.
  • Vehicular manslaughter: A vehicular manslaughter may occur when a person causes a fatal motor vehicle accident due to reckless driving.
  • Intoxication manslaughter: Texas Penal Code § 49.08 recognizes a separate criminal offense when a person operates a motor vehicle, aircraft, watercraft, or amusement ride, or assembles a mobile amusement ride, is intoxicated, and causes the death of another because of that intoxication. This crime is also considered a second-degree felony.
  • Criminal negligent homicide: A person commits criminally negligent homicide or negligent manslaughter if they cause another individual’s death through criminal negligence, which the law defines as acting under circumstances in which the person should recognize a substantial and unjustifiable risk that their conduct will result in another person’s death.

Difference Between Murder and Manslaughter

The differences between murder vs. manslaughter under Texas law focus on the defendant’s criminal intent. A murder requires a defendant to have intentionally or knowingly caused a victim’s death or intend to cause severe injury through an act that poses a clear danger to human life and results in the victim’s death. Conversely, a person commits manslaughter if they recklessly cause another individual’s death, even though the person did not intend to kill or harm the victim.

Penalties for Manslaughter in Texas

Penalties for a manslaughter conviction in Texas depend on the grading of the offense. As a first-degree felony, a manslaughter conviction imposes a penalty of five to 99 years in prison and a potential fine of up to $10,000. As a second-degree felony, a manslaughter conviction imposes a penalty of two to twenty years in prison and a potential fine of up to $10,000.

Potential Defenses in Manslaughter Cases

A manslaughter attorney can help you pursue a case strategy based on the specific circumstances involved in your particular case. Potential defenses may include:

  • Self-defense/defense of others: A person charged with manslaughter may assert that they used force against the alleged victim to defend themselves or third parties from imminent violence or criminal activity by the alleged victim.
  • Lack of intent: Defense attorneys may seek to reduce the grading of charges by arguing that the defendant did not act with the level of criminal intent required by the statute prosecutors charged them with.
  • Mistaken identity: A defendant charged with manslaughter may deny having committed the crime by having their attorney challenge the reliability of eyewitness identification.
  • Alibi: Attorneys may present alibi evidence to prove their client was somewhere else other than the scene of homicide when it occurred and thus could not have committed the crime.
  • Unreliable forensic evidence: When a manslaughter case involves forensic evidence like ballistics, fingerprints, or DNA to link a defendant to the crime, the defendant’s attorney may challenge the prosecution’s evidence handling or testing methods to question the evidence’s reliability.
  • Unlawfully obtained evidence or statements: A Dallas homicide defense lawyer may seek to exclude prosecution evidence or inculpatory statements their client gave to investigators by arguing that the police obtained them through an unlawful search or interrogation.

How a Criminal Defense Lawyer Can Help If You Are Accused of Manslaughter in Texas

When the police accuse you of manslaughter, a Dallas murder defense attorney from Broden & Mickelsen, LLP can help you prepare and present a compelling defense strategy by:

  • Investigating your charges to obtain all available evidence
  • Reviewing the facts and circumstances to identify potential defense strategies
  • Helping you make informed decisions by explaining your charges, possible defenses, and potential outcomes to your case
  • Challenging the prosecution by seeking to exclude unlawfully obtained evidence or to reduce/dismiss your charges due to lack of evidence
  • Vigorously pursuing the best possible resolution to your charges, even when that means going to trial to fight the prosecution’s case or assert your innocence

If you’ve been charged with manslaughter in Texas, you need experienced legal counsel to defend your rights, freedom, and future. Contact Broden & Mickelsen, LLP today for a free and confidential consultation with a knowledgeable criminal defense attorney in Dallas to discuss your legal options for seeking a favorable resolution to your prosecution.