Manslaughter is a serious criminal offense that involves the unlawful killing of another person. In Texas, manslaughter falls under three categories: voluntary, involuntary, and vehicular. While both offenses carry severe penalties, you may be wondering if probation is an option in manslaughter cases. 

The best way to get your questions answered and minimize the consequences you face for manslaughter charges is to consult an Austin criminal defense lawyer immediately.

Texas Manslaughter Laws

Before delving into the question of probation, it is important to grasp the different types of manslaughter recognized under Texas law. Voluntary manslaughter occurs when a person intentionally causes the death of another person under the influence of sudden passion arising from an adequate cause. Involuntary manslaughter, on the other hand, involves unintentionally causing the death of another person due to reckless conduct. Get also more information here about how you can get probation for manslaughter in Texas if it is your case. Let’s review in detail the consequences:

Penalties for Manslaughter in Texas

Manslaughter is classified as a second-degree felony in Texas. The penalties associated with a conviction for manslaughter can be severe. They may include:

• Imprisonment in the Texas Department of Criminal Justice for up to 20 years
• A fine of up to $10,000

Vehicular Manslaughter

Vehicular manslaughter, also known as criminally negligent homicide, is a serious offense that can result in severe consequences. In Texas, the penalties for vehicular manslaughter can range from probation to substantial prison time, depending on the circumstances surrounding the case.

The Texas Penal Code defines vehicular manslaughter as causing the death of another person by operating a motor vehicle in a criminally negligent manner. Criminally negligent means that the person did not intentionally cause the death but acted in a way that showed a lack of reasonable care. This can include actions such as driving under the influence, reckless driving, or distracted driving.

If convicted of vehicular manslaughter, the penalties can vary depending on various factors such as the defendant’s previous criminal record, the level of negligence involved, and whether aggravating factors were present. In some cases, probation may be an option for individuals convicted of vehicular manslaughter. However, it’s essential to understand that probation is not guaranteed and is typically only granted under specific circumstances.

When considering probation as a potential outcome, the court will evaluate various factors, including the defendant’s criminal history, the severity of the offense, and the likelihood of rehabilitation. If probation is granted, it will come with specific conditions that the defendant must adhere to. These conditions may include regular check-ins with a probation officer, attending mandatory counseling or rehabilitation programs, community service, and abstaining from alcohol or drug use.

Probation for Manslaughter

Texas legal statutes do provide for probation in certain cases of manslaughter. However, the decision to grant probation lies solely with the judge overseeing the case. The judge will consider various factors when determining whether someone is eligible for probation, including the circumstances of the offense, the defendant’s criminal history, and the defendant’s conduct during the trial.

It is important to note that probation is not guaranteed, and the judge may impose various conditions if probation is granted. These conditions may include:

• Regular check-ins with a probation officer
• Mandatory counseling or therapy
• Community service
• Payment of fines and restitution to the victim’s family
• Prohibition from possessing firearms

Factors Considered for Probation

When considering probation for manslaughter, judges in Texas examine several factors. These factors include:

Severity of the offense

The judge will evaluate the nature of the offense and the circumstances surrounding the death. Factors such as the defendant’s level of culpability and the presence of any mitigating or aggravating circumstances will be taken into account.

Defendant’s criminal history

The judge will assess the defendant’s prior criminal record, including any previous convictions or probation violations. A history of violent offenses is likely to make probation less likely.

Defendant’s conduct during trial

The defendant’s behavior during the trial, such as cooperation with the court, adherence to bail conditions, and respect for the judicial process, will be evaluated. Demonstrating remorse and taking responsibility for the offense can positively influence the judge’s decision.

Evaluation of rehabilitation

The judge will consider the defendant’s potential for rehabilitation and their willingness to seek treatment or counseling to address any underlying issues that may have contributed to the offense.

An Austin Criminal Defense Lawyer Ready to Fight your Manslaughter Charge

If you or someone you know is facing manslaughter charges in Austin, it is vital to seek out an Austin criminal defense lawyer immediately. The dedicated team at the Law Office of David D. White is here to protect your rights and provide you with the exceptional legal representation you deserve. Don’t face these charges alone—let us fight for you. To book a free case review and legal consultation, contact us now.