While other states list manslaughter in various forms, the Texas Penal Code (Section 19.04) defines manslaughter in simpler terms. Involuntary or accidental manslaughter means causing another person’s death as the result of recklessness. 

Therefore, this form of homicide is different from murder because it lacks intent. While murder is classified as a first-degree felony, manslaughter is categorized as a felony in the second degree. Therefore, it’s important to retain the legal services of an experienced criminal defense attorney if you’re facing this charge in the Lone Star State.

To get convicted for accidental manslaughter in Texas, the prosecutor must prove, beyond a reasonable doubt, that you caused another person’s death by an omission or recklessness on your part.

Intoxication Manslaughter

One of the best examples of accidental manslaughter is intoxication manslaughter – a DWI charge that may lead to two to 20 years behind bars and a fine of up to $10,000. Offenders may also serve community service time (at least 240 hours).

To prove their case, the state must show, beyond a reasonable doubt, that the driver’s intoxication and reckless driving directly resulted in the victim’s death.

Criminally Negligent Homicide

Criminally negligent homicide relates to the negligent act of a service provider, which ultimately resulted in the death of their charge. 

For example, a physician may be charged with the crime if they fail to note that a patient’s oxygen supply was disconnected, which led to their death. Because the doctor has a legal duty to ensure the care of their patient and failed to do so, they can be charged with this form of homicide.

To prove their case, the prosecutor must show that, beyond a reasonable doubt, the defendant owed a duty to the victim. Because they breached their duty, it led to the victim’s untimely death.

Assisted Suicide

While some states view assisted suicide as manslaughter, Texas Penal Code Section 22.08 views the action as an assaultive offense. Therefore, the punishments imposed relate to the punishments for assault in Texas.

Aiding in a suicide is considered a class C misdemeanor offense, provided the attempt fails, and the victim is not seriously hurt. If the attempt is successful or results in bodily harm, the charge becomes a state jail felony.

Defending an Involuntary Manslaughter Charge in Texas

An attorney can help you build a strong defense. The key is to focus on the specific facts and circumstances of the incident as well as the prosecution’s argument.

Defense Strategies

Some potential defense strategies might include the following:

1. Challenging whether the defendant’s actions actually caused the death. For example, your lawyer might argue that there were intervening causes between the defendant’s conduct and the victim’s death – thereby breaking the chain of causation.
2. Arguing that the defendant’s actions were not criminally negligent. In other words, stating that there was no gross deviation from the standard of care that an ordinary person would exercise under the same circumstances. The defense may claim the incident was a tragic accident.
3. Defending that the actions were done out of self-defense. Therefore, the action was legally justified.
4. Working to exclude prejudicial evidence. Getting the charges dismissed if there were procedural problems with the arrest or investigation.
5. Presenting mitigating circumstances. Your lawyer may introduce this information to show that certain aspects of your background or character may have led to the incident. 
6. Mitigating circumstances might include the age of the defendant, the mental state of the defendant at the time of the crime, a developmental disability, or the lack of a prior criminal record.
7. Lessening the charge. Finding evidence so a plea bargain may be introduced may reduce your jail time and fines.

Contact a Criminal Defense Attorney Now

An experienced attorney will pursue all legal and factual defenses to build the strongest case possible for their client. Contact David D. White, PLLC, for your legal defense right away.