Bryan Manslaughter Attorneys

Providing Aggressive Legal Representation to Protect Your Rights and Freedom

When faced with the grave accusation of manslaughter, emotions can run high, and the weight of the situation can feel overwhelming. Fear, anxiety, and uncertainty about the future can consume your thoughts, making it challenging to think clearly and rationally.

In Texas, manslaughter is typically charged as a second-degree felony. If convicted, a defendant could be sentenced to a maximum of 20 years in prison, accompanied by a $10,000 fine.

However, during this trying time, it is crucial to remember that you have rights, and securing the services of a skilled and compassionate criminal defense attorney can significantly affect the outcome of your case.

At Shane Phelps Law, we understand the gravity of a manslaughter charge and the profound impact it can have on your life. Our experienced team of violent crime defense attorneys recognizes that every case is unique, and we approach each situation with empathy, dedication, and a relentless pursuit of justice.

If you are facing criminal charges, contact our Bryan office today and ask to schedule a free case review. Reviewing your charges will allow us to evaluate your case professionally and determine what defense strategy best suits your needs.

What is Manslaughter Under Texas Law?

Manslaughter is a complex legal term that encompasses the unintentional killing of another person. Under the Texas Penal Code, a person commits the offense of manslaughter if they recklessly cause the death of an individual. While not premeditated, the consequences of a manslaughter conviction can be severe, potentially resulting in lengthy prison sentences and substantial fines.

It should be noted that manslaughter and criminally negligent homicide are not the same thing under Texas law. Criminally negligent homicide occurs when an individual’s actions are inconsistent with what a reasonable person would have done under the same circumstances.

The key elements of manslaughter in Texas are:

Recklessness: The accused acted recklessly, meaning they were aware of but consciously disregarded a substantial and unjustifiable risk that their actions could result in death
Causing death: The reckless actions of the accused directly led to the death of another person

In Texas, the law does not differentiate between involuntary and voluntary manslaughter. However, the state does distinguish between vehicular and intoxication manslaughter. The Texas Penal Code treats each as a single offense with varying degrees of severity based on the circumstances.

If you are facing a manslaughter charge, you must hire an attorney who can advocate aggressively on your behalf to give you the best chance possible for your case.

How is Manslaughter Legally Different from Murder?

The Texas criminal justice system can be challenging to understand without having experienced legal representation. One of the most common questions that many defense attorneys are asked concerns the difference between manslaughter and murder charges.

Texas criminal law distinguishes the differences between manslaughter and murder in the following ways:

Murder in Texas requires a higher degree of culpability. Murder is defined according to the Texas Penal Code § 19.02 as follows: A person commits murder if they intentionally or knowingly cause the death of an individual or if they intend to cause serious bodily injury and commit an act clearly dangerous to human life that causes the death of an individual.

The key distinctions between manslaughter and murder are:

Intent: Murder requires an intentional or knowing mental state, while manslaughter only requires recklessness
Premeditation: Murder can involve premeditation and deliberation, whereas manslaughter is an unintentional act resulting from reckless behavior
Degree of culpability: Murder is considered a more severe crime than manslaughter because it involves a higher level of culpability and moral blameworthiness

Furthermore, Texas law recognizes different degrees of murder, such as capital murder, the most severe offense, with those convicted being sentenced to the death penalty or life imprisonment. First-degree and second-degree murder carry varying levels of punishment based on the specific circumstances and aggravating factors involved.

It is important to note that the legal definitions and distinctions between manslaughter and murder can be nuanced. The specific circumstances of each case play a crucial role in determining the appropriate charge and potential penalties. An experienced criminal defense attorney can provide valuable guidance and representation in navigating these complexities.

How Can Your Law Firm Help Me Navigate the Complexities of Texas Manslaughter Law?

Texas manslaughter law is intricate, with various factors influencing the severity of the charges and potential penalties. At Shane Phelps Law, our skilled criminal defense attorneys have an in-depth understanding of the state’s legal framework and are well-versed in the intricacies of manslaughter cases.

We recognize that manslaughter charges can arise from a wide range of scenarios, including:

Intoxication Manslaughter: Cases involving the unintentional killing of another person while under the influence of alcohol or drugs
Vehicular Manslaughter: Incidents where a person’s reckless or negligent operation of a motor vehicle results in the death of another
Reckless Conduct: Situations where a person’s reckless actions, such as disregarding safety protocols or engaging in dangerous behavior, that lead to the accidental loss of life

Regardless of the circumstances, our team understands the emotional turmoil and confusion often accompanying a manslaughter charge. We are here to provide unwavering support, guidance, and a steadfast commitment to protecting your rights and interests.

One aspect that sets us apart from other law firms is our defense team, which includes a former assistant district attorney who previously served with the Brazos County District Attorney’s Office and now provides valuable insight into how the state prosecutes violent crimes.

No matter what type of manslaughter charge you may be facing, you need an attorney who will provide aggressive representation to protect your freedom and future. Contact our law office today to schedule a meeting with one of our Bryan criminal defense attorneys who will assess your case.

What are the Penalties and Consequences of a Manslaughter Conviction?

In Texas, manslaughter is classified as a second-degree felony, carrying severe consequences that can profoundly impact your personal and professional life.

Penalties

A manslaughter conviction can result in:

Imprisonment: Sentences ranging from two to 20 years in state prison.
Substantial Fines: Financial penalties of up to $10,000.
Permanent Criminal Record: A felony conviction can have long-lasting implications for employment opportunities, professional licenses, and personal freedoms.

Texas courts have the legal discretion to base sentencing on several factors, including:

The defendant’s prior criminal history
Level of culpability
Mental state

State law also allows a defendant to be sentenced to probation for manslaughter. However, to avoid a criminal conviction for a manslaughter charge, the defendant must not have used a deadly weapon while committing the offense.

Consequences

Aside from being sentenced to prison or jail time, those convicted of manslaughter face other life-changing consequences that can prevent them from achieving life goals. One of the most significant issues involves being branded a convicted felon, which can lead to a loss of rights. Texas law dictates that individuals convicted of felony offenses lose their right to vote and legally own a gun for at least 5 years after being released from prison or finishing the terms of their sentence.

Other significant consequences may include:

Social stigma
Inability to obtain gainful employment or a professional license
Inability to find suitable housing
Being barred from attending a higher learning institution
Challenges in obtaining loans, financial aid, or grants
Loss of immigration status

If you have questions about the penalties and consequences of a manslaughter conviction, contact our legal team today to learn more. We will gladly review your case and determine what legal options may be available.

What is the Burden of Proof in Manslaughter Cases?

In a manslaughter case, the prosecution bears the burden of proving beyond a reasonable doubt that the defendant caused the death of another person through reckless actions. Unlike murder charges, there is no requirement to establish intent or premeditation. However, the fine points of Texas criminal law and the specific circumstances surrounding each case can significantly impact the potential outcomes.

An experienced Bryan criminal defense attorney can consider the burden of proof and present specific defense strategies for different manslaughter charges.

Understanding the Burden of Proof

In manslaughter cases, the burden of proof rests with the prosecution. If a case proceeds to trial, the prosecution must demonstrate beyond a reasonable doubt that the defendant’s reckless actions directly caused the death of another person. At this point in the trial, the defense attorney can challenge the prosecution’s evidence and arguments to create doubt regarding the defendant’s guilt.

Differentiating Defense Strategies

Anyone facing a manslaughter charge needs a strong defense strategy to obtain a favorable outcome for their case. Some of the most common defense strategies attorneys use in manslaughter cases include:

Vehicular Manslaughter: Defense strategies for vehicular manslaughter often focus on factors such as road conditions, mechanical failures, or the actions of other drivers. The defense may argue that the accident was not caused by the defendant’s recklessness but by unforeseeable circumstances beyond their control.

Intoxicated Manslaughter: In cases involving intoxicated manslaughter, the defense may challenge the accuracy of sobriety tests or blood alcohol content (BAC) measurements. They might also argue that the defendant’s level of intoxication did not directly contribute to the accident or death, especially if other factors were at play.

Expert Testimony and Evidence: A skilled defense attorney may call upon expert witnesses, such as accident reconstruction specialists or medical professionals, to provide testimony that supports the defense’s version of events. These experts can analyze evidence and provide credible opinions that bolster the defense’s case.

How Can a Criminal Defense Attorney Negotiate Lesser Charges or Sentencing?

Anyone charged with a criminal offense must immediately hire an experienced criminal defense attorney who will build a solid defense strategy for their client. Depending on the circumstances, a defense attorney may negotiate with the prosecution to secure a plea deal that reduces the charges or mitigates the potential consequences.

Negotiation with the prosecution could involve clients pleading guilty to a lesser offense or agreeing to a sentencing recommendation that considers factors such as remorse or mitigating circumstances.

If the case goes to trial, the defense attorney will vigorously advocate for the client in court. They will challenge the prosecution’s evidence, cross-examine witnesses, and present compelling arguments to sway the judge or jury in favor of acquittal or a favorable verdict.

Some of the other advantages to hiring a skilled criminal defense attorney include:

In-depth knowledge of criminal law, including procedural guidelines, legal statutes, and how to protect their client’s rights
Provide a strategic analysis of the strengths and weaknesses of the prosecution’s case
Access to critical resources, including forensic experts, expert witnesses, and private investigators who will conduct an independent investigation
Provide legal guidance and support to clients as the case works its way through the criminal justice system

Anyone facing criminal charges in Texas should never try to handle their case without legal help. Shane Phelps Law can explain the complex legal process involved with trying cases in the Texas criminal justice system as we fight to protect your future.

Why Should I Trust Shane Phelps Law When Facing Manslaughter Charges?

At Shane Phelps Law, our goal is to explore every possible avenue to either have your charges reduced or, if circumstances permit, pursue a dismissal of the case altogether. An experienced Bryan manslaughter attorney will meticulously evaluate the evidence, challenge the prosecution’s claims, and advocate tirelessly on your behalf. Our Bryan criminal defense attorneys, which include a former assistant district attorney, will fight to protect your legal rights, freedom, and future.

Shane Phelps Law has comprehensive experience handling manslaughter cases for clients and will work diligently to create a defense strategy to provide a favorable outcome for your case. Our law office has a proven track record of helping clients facing serious criminal charges.

Unlike other law firms, which often leave their clients in the dark about their cases, our dedicated team will work with you throughout the challenging legal process to ensure that you stay informed about any changes or progress that may occur.

Contact our Bryan, TX, law office today by calling 979-596-6843 or contacting us online to learn more about our criminal defense services. We will gladly schedule a free, no-obligation case review to determine what legal options will best suit your needs.