In Texas, involuntary manslaughter means unintentionally causing the death of another person through reckless behavior or criminal negligence. Voluntary manslaughter means intentionally killing another person in the heat of passion or rage. Both are serious offenses, but there are some key differences.

The illegality of these crimes, although no premeditation is involved, calls for help from an experienced manslaughter criminal defense attorney.

Involuntary Manslaughter Definition

Involuntary manslaughter typically happens when someone didn’t mean to cause death but acted in a reckless or criminally negligent way that led to the loss of life. For example, this charge may be made if you drive drunk or distracted and hit and kill someone. You didn’t intend to kill, but your reckless actions resulted in death.

Voluntary Manslaughter Definition

Voluntary manslaughter means you intended to kill, but did so in the “heat of passion” or rage, like walking in on your spouse cheating and killing them in a fit of anger. Your judgment was impaired in the moment, but you still meant to kill. Voluntary manslaughter is a lesser charge than murder, which requires premeditation.

Involuntary means unintentional, and voluntary means intentional. Both are tragic and life-altering experiences. The specifics of each case and the evidence regarding the state of mind are critically important in determining appropriate charges and sentencing.

Elements of Involuntary Manslaughter

For the charge of involuntary manslaughter to stick, the prosecution must prove certain elements.

First, they must show that the defendant acted recklessly or with criminal negligence. This means the defendant knew that their actions carried the risk of causing harm or death but proceeded anyway. For example, if you fire a gun randomly into a crowd, you’re acting with reckless disregard for human life.

Second, the prosecution must prove that the defendant’s reckless or criminally negligent act actually caused the death of another party. The prosecutor must show an unbroken chain of events – actions by the defendant that led directly to the victim’s demise.

Finally, the prosecution must show that the victim’s death occurred without lawful justification. For example, if you kill someone in self-defense or the defense of others, that would likely be considered lawful justification. But if you kill someone through reckless behavior, like drunk driving, that would qualify as involuntary manslaughter.

In summary, for an involuntary manslaughter charge in Texas, the key elements are:

• Reckless or criminally negligent act by the defendant
• A direct causal link between that act and the victim’s death
• No lawful justification for the killing

If the prosecution can prove each of these elements beyond a reasonable doubt, you may face serious legal penalties for involuntary manslaughter. The best way to avoid this experience is by exercising caution and sound judgment in your actions and when making decisions.

Elements of Voluntary Manslaughter

Voluntary manslaughter requires proving certain elements – elements that set it apart from involuntary manslaughter. To be convicted of voluntary manslaughter in Texas, the prosecution must show the following elements.

Intent to Kill

The prosecution must prove that there was an intent to kill the other party. This means you consciously meant to end the victim’s life or you knew that your actions would likely result in their death. Unlike involuntary manslaughter, voluntary manslaughter involves malicious intent.

Loss of Control

The prosecution may also show the crime was committed in a “heat of passion” – that you lost control, causing you to kill the victim. Heat of passion refers to a state of rage, terror, or anger that prevents people from thinking clearly. For example, if you walk in on your spouse committing adultery and kill them in a fit of rage, it’s considered voluntary manslaughter. Your actions are not premeditated, but the intent is there.

Provocation

Voluntary manslaughter may also result when a provocation exists that led to a loss of control. Provocation refers to actions or events that enrage or upset a person, causing them to lose self-control and kill in the heat of passion. Verbal insults or minor confrontations typically do not constitute adequate provocation.

To convict you of voluntary manslaughter then, the prosecution must prove, beyond a reasonable doubt, that you killed the victim with malicious intent because you were provoked.

Manslaughter Penalties

Unlike other states, Texas law does not distinguish between involuntary manslaughter and voluntary manslaughter. Manslaughter is manslaughter. So, if you kill someone without intent or premeditation, you can face a manslaughter charge. 

Voluntary or involuntary manslaughter is a felony in Texas, punishable by 2 to 20 years in prison and up to a $10,000 fine. You may also be sentenced to 10 years’ probation, depending on the facts of your case.

The key difference in sentencing really comes down to the discretion of the judge and the nature of the offense. Involuntary manslaughter implies a lesser degree of blameworthiness, so the sentence may be less severe. But, in either instance, a loss of life has occurred. Therefore, a punishment will still be handed down to fit the crime.

Contact a Manslaughter Defense Lawyer Now

Have you been charged with manslaughter in Texas? Now is the time to receive legal help. In Texas, contact David D. White, PLLC right away.