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Manslaughter

Dallas Manslaughter Defense Attorney

Skilled Legal Representation in Texas

Any type of homicide charge is a serious matter. If you are facing manslaughter charges, you need a highly skilled defense attorney on your side. At the Law Office of Patrick J. McLain, PLLC, we have the knowledge and experience to effectively represent you. Our team has a long history of success in defending against all types of violent crime charges, and we are ready to put our experience to work for you.


If you’ve been charged with manslaughter, contact our firm at (214) 238-9392 for a free consultation.


What is Manslaughter?

In Texas, manslaughter is a criminal offense that involves causing the death of another person without premeditation or intent, often in circumstances where there is no plan or prior intention to cause harm. It differs from murder in that it lacks the element of intent to kill or cause serious bodily harm.

Under Texas law, there are two main types of manslaughter:

  • Voluntary Manslaughter: This occurs when a person causes the death of another person under circumstances that would ordinarily be considered murder, but where the offender acted under the immediate influence of sudden passion arising from an adequate cause. Sudden passion is defined as an intense emotional response such as rage, terror, or resentment, and an adequate cause would provoke such a reaction in a reasonable person.
  • Involuntary Manslaughter: This occurs when a person causes the death of another person through reckless or negligent behavior. It may involve actions such as driving recklessly or negligently, handling firearms carelessly, or engaging in other dangerous activities that result in someone's death.

Voluntary manslaughter is a second-degree felony in Texas. The penalties for a second-degree felony conviction include 2 to 20 years in prison and a fine of up to $10,000.

Intoxication Manslaughter

Intoxication manslaughter in Texas refers to a criminal offense where an individual causes the death of another person due to operating a vehicle while intoxicated. It is typically charged when a person's intoxication, either through alcohol or drugs, impairs their ability to operate a vehicle safely, resulting in a fatal accident.

To be convicted of intoxication manslaughter in Texas, the prosecution must prove beyond a reasonable doubt that:

  1. The defendant was operating a motor vehicle while intoxicated.
  2. The defendant's intoxication caused the death of another person.

Under Texas law, intoxication is defined as having a blood alcohol concentration (BAC) of 0.08% or higher, or being impaired due to the influence of alcohol or drugs to the extent that normal mental or physical faculties are impaired.

Vehicular Manslaughter

In Texas, vehicular manslaughter is a criminal offense that involves causing the death of another person as a result of negligent or reckless driving. Unlike intoxication manslaughter, which specifically involves operating a vehicle while intoxicated, vehicular manslaughter does not necessarily require the involvement of alcohol or drugs. Instead, it focuses on how the vehicle was operated and whether that conduct resulted in someone's death.

Vehicular manslaughter in Texas is typically charged as a felony offense. To be convicted of vehicular manslaughter, the prosecution must prove beyond a reasonable doubt that:

  1. The defendant was operating a motor vehicle.
  2. The defendant's operation of the vehicle was negligent, reckless, or otherwise unlawful.
  3. The defendant's conduct caused the death of another person.

Examples of negligent or reckless driving behaviors that could lead to a charge of vehicular manslaughter include excessive speeding, running red lights or stop signs, distracted driving (such as texting while driving), or failing to yield the right of way.

How to Defend Against Manslaughter Charges

If you are facing manslaughter charges, you need an experienced defense attorney on your side. Your attorney will thoroughly review the evidence against you and develop a strong defense strategy. Depending on the circumstances of your case, your attorney may be able to have your charges reduced or dismissed.

Some possible defenses against manslaughter charges include:

  • Self-defense
  • Defense of others
  • Defense of property
  • Insanity
  • Intoxication
  • Accident

How Our Firm Can Help

At the Law Office of Patrick J. McLain, PLLC, we understand the seriousness of the charges you are facing. We know that a conviction could result in a lengthy prison sentence and other severe consequences. That is why our Dallas manslaughter defense lawyers will fight aggressively for you. We will work to build a strong and effective defense on your behalf.

Our team has the skill, knowledge, and resources to effectively represent you. We will fight to protect your rights, your freedom, and your future.

Contact us today at (214) 238-9392 to learn more about our manslaughter defense services.

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  • Former Federal Prosecutor & Military Judge
    Attorney Patrick J. McLain's years of experience across the aisle provide him with a unique perspective.
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