Texas Homicide Defense | Murder and Manslaughter

Texas Homicide Defense

Protecting Your Interests

Homicide encompasses a wide range of actions, from unintentional deaths resulting from negligence or accidents, to crimes of passion or premeditated killing. The web of laws surrounding homicide is very complicated as it is designed to protect the interests of the victims and their families, while avoiding prosecution of innocent parties.

Understanding Manslaughter

In Texas, the state does not formally differentiate between voluntary and involuntary manslaughter. A charge of manslaughter is a second degree felony and can carry different penalties depending on the circumstances of the crime. These penalties can range from two to twenty years imprisonment and up to $10,000 in fines.

Certain types of manslaughter are viewed separately than others. Manslaughter related to intoxication or by vehicle are two of these. If a person dies as the result of another person driving under the influence, or recklessly handling their vehicle, special circumstances attach.

Understanding Murder

Murder is the most serious form of criminal homicide and comes in two levels. In Texas, the levels of murder are capital murder and murder. A charge of murder means there was intent to kill or that the actor knowingly caused the death of another. Murder charges can be levied if the actor did not intend to kill, but intended to cause serious harm to the individual, or if the death occurred during the committing of another felony.

Capital murder carries a potential sentence of capital punishment (the death penalty) and generally requires proof that the death was intentional and premeditated. Premeditation need not mean months of planning; it simply means that the perpetrator decided consciously and ahead of time to kill the victim.

Other factors can raise a murder to capital murder, including:

Kidnapping
Child under the age of 6
Burglary
Robbery
Sexual assault
Retaliation
Terroristic threats
Arson
Retaliation

No matter the allegation, The Law Office of Philip M. Gommels is dedicated to defending your case to get you the best outcome possible.

Hire a Homicide Lawyer Immediately

If you are involved in a homicide, it is vital that you immediately contact a qualified criminal defense attorney. Only an expert attorney can protect you from the battering of questions you will receive from the prosecution and the police. If you are being interrogated by the police, YOU HAVE THE RIGHT TO REMAIN SILENT.

If you need representation against a manslaughter or murder charge, we will be in your corner every step of the way to fight for your rights. Please call us today for a consultation.

Murder vs Manslaughter in Texas

Whenever someone dies due to the actions of another person, it is always considered homicide. However, there are many types of homicide. Plus, not all homicides are illegal (like self-defense). Still, homicide has various consequences.

In general, there are two charges of homicide: murder and manslaughter. Continue reading to better understand the difference as defined by Texas law.

What is murder?

To start, murder charges are split based on the severity and circumstances surrounding the crime. Usually, states separate these charges into first- and second-degree murder. However, in Texas, murder is separated into murder and capital murder.

To be charged with murder, the offender must have willingly and knowingly caused another person to die. Further, they must have intended to cause death or bodily harm. Or their intention must have been to commit a felony other than manslaughter than led to death of another person. If either of these is the case, the offender can be charged with murder.

Now for the difference between capital murder and murder. To be specific, Texas law states that the difference between these two legal terms is the way the murder was committed. Further, it is considered capital murder if the killing resulted in capital punishment in Texas. For example, here are some criteria for capital murder:

Killing a firefighter or police officer
Murdering someone in prison
Having been paid to commit murder
Killing more than one person

Finally, capital murder can result in the following punishments:

Execution of the defendant
Life in prison without the chance of parole

In addition to these possible punishments, lesser charges or penalties result from defenses like insanity or a crime of passion.

What is manslaughter?

In general, there are two forms of manslaughter in most states: voluntary and involuntary. However, in Texas, these two charges are combined and have more serious penalties for certain aggravating factors.

Further, convicting someone of manslaughter must result from proof that they killed someone beyond reasonable doubt due to reckless actions by the offender.

Under Texas law, there is no difference between voluntary and involuntary manslaughter. In fact, it’s the only state that has a crime called “intoxication manslaughter.” To explain, this is for when someone who was impaired by alcohol or drugs kills someone.

Usually, this charge applies to drivers who are under the influence of drugs or alcohol. If a person is convicted of manslaughter, they could face the following punishments:

Prison – 2 to 20 years
Fines – up to $10,000

On the other hand, intoxication manslaughter could result in these punishments:

Prison – 2 to 20 years
Fines – up to $10,000
Community service – 240 – 800 hours
Minimum sentencing (required time before being eligible for parole)

What is the difference between murder and manslaughter?

So, you now know the definitions of murder and manslaughter. On one hand, murder means the offender knowingly and willingly caused the death or bodily harm of someone else. On the other hand, manslaughter causes a death due to reckless actions of the offender. In addition, murder is split into two forms: murder and capital murder. While manslaughter is only put into one category. However, Texas has separate crime called intoxication manslaughter. Finally, the punishments for murder are far more severe than those for manslaughter. Although there are few differences between these two legal terms, the main difference is the intent behind the murder.

What are the penalties for homicide in Texas?

Under Texas law, manslaughter is a second-degree felony. Further, there are strict penalties for this type of crime. For example, if someone is charged with manslaughter in Texas, they could face 2 to 20 years in prison. Plus, they may have to pay a fine of up to $10,000.

On the other hand, murder in Texas is a first-degree felony. As you may have guessed, the punishments for this type of crime in Texas are even more strict than those for manslaughter. For instance, if someone is convicted of murder in the state of Texas, they could face 5 to 99 years in prison. In addition to that, they may have to pay a fine of up to $10,000.

Further, in Texas, capital murder has even stricter penalties. In fact, someone charged with capital murder in the state of Texas could face 5 to 99 years in prison. Also, they may have to pay a maximum fine of $10,000. Worst case scenario, they face the death penalty.

To summarize, here are the penalties a person can face for homicide in Texas:

Manslaughter:

Prison – 2 to 20 years
Fines – up to $10,000

Murder:

Prison – 5 to 99 years
Fines – up to $10,000

Capital Murder:

Prison – 5 to 99 years
Fines – up to $10,000
Death penalty

In addition to these strict punishments, a felony charge on someone’s criminal record could cause other issues. To explain, with a felony charge comes hardships when finding a job, renting an apartment, and getting a student loan. Plus, the felon may no longer be able to own a gun or vote.

Overall, in Texas, murder and manslaughter are very serious crimes. In fact, a conviction of either of these crimes could result in prison time or even death. Thus, you need a dedicated criminal defense lawyer with experience of the criminal justice system in Texas. So, if you are facing murder, manslaughter, or intoxication manslaughter, call The Office of Philip M. Gommels, PLLC to start fighting for your freedom.

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