Attorney for Manslaughter in San Antonio, Texas

In Texas, the criminal offense of manslaughter is defined in Section 19.04 of the Texas Penal Code. According to this section, a person commits the offense of manslaughter if they recklessly cause the death of an individual. This could include things like texting while driving or engaging in other forms of distracted driving, or failing to properly care for a child or dependent.

Texas does not have a distinction between voluntary and involuntary manslaughter, as some states do. Instead, Texas law treats all cases of manslaughter as a single offense. The specific punishment for a conviction will depend on the circumstances of the case and the defendant's criminal history; but manslaughter is a second-degree felony and is punishable by a prison term of 2 to 20 years.

Overall, the offense of manslaughter in Texas is a serious criminal charge that can carry significant penalties, including prison time and a permanent criminal record. If you have been charged with manslaughter in Texas, it is important to seek legal assistance as soon as possible to ensure that your rights are protected and to explore all of your legal options.

Vehicle Fatalities Prosecuted as Manslaughter

In Texas, it is possible to prosecute a person for manslaughter in connection with a motor vehicle fatality. However, there are a number of issues that can arise when prosecuting a motor vehicle fatality as manslaughter.

One issue is the difficulty of proving intent. In order to be convicted of manslaughter, the prosecution must be able to prove that the defendant acted reckless disregard for human life. This can be difficult to establish in the context of a motor vehicle accident, because it can be difficult to say for sure what caused the crash.

This brings us to the role of accident reconstruction experts. In many cases, accident reconstruction experts may be called upon to testify about the circumstances of the accident and to provide an opinion about the cause of the accident. However, there can be disagreement among experts about the cause of an accident, which can make it difficult for the prosecution to establish liability.

Another issue is the role of negligence. In many motor vehicle fatalities, the defendant may have been negligent in their actions, but this alone may not be sufficient to establish criminal liability. In order to be convicted of manslaughter, the prosecution must be able to prove that the defendant's actions were reckless and not merely negligent.

In this case, the prosecution may choose to charge the defendant with the lesser included offense of criminally negligent homicide. This offense involves causing the death of another person through criminal negligence, which is defined as failing to perceive a substantial and unjustifiable risk that the result will occur. Criminally negligent homicide is a state jail felony, punishable by a prison term of 180 days to 2 years and a fine of up to $10,000.

Overall, prosecuting a motor vehicle fatality as manslaughter in Texas can be a complex and challenging task. It is important for the prosecution to be able to establish all of the elements of the offense beyond a reasonable doubt, including intent and recklessness, in order to secure a conviction. In cases where these elements are difficult to prove, the prosecution may choose to charge the defendant with the lesser included offense of criminally negligent homicide.

Potential Punishment for Manslaughter

In Texas, the offense of manslaughter is generally classified as a second-degree felony. Under Texas law, a person convicted of a second-degree felony can be punished with a prison term of 2 to 20 years and a fine of up to $10,000.

It's important to note that the specific punishment for a conviction of second-degree felony manslaughter will depend on the circumstances of the case and the defendant's criminal history. In some cases, a person may be eligible for probation instead of a prison term.

Probation is a court-ordered period of supervision that allows a person to remain in the community instead of serving a prison term. Probation can be granted in lieu of a prison term, or it can be imposed in addition to a prison term as a condition of release.

There are also several collateral consequences that can result from a conviction for second-degree felony manslaughter in Texas. These can include:

• Loss of the right to vote: In Texas, a person convicted of a felony may lose their right to vote until they have completed their sentence and any required period of probation or parole.

• Loss of the right to possess a firearm: Under federal law, a person convicted of a felony is generally prohibited from possessing a firearm.

• Difficulty finding employment: A criminal record, especially a felony conviction, can make it difficult to find employment in certain fields.

• Difficulty obtaining certain professional licenses: Some professional licenses, such as a law or medical license, may be denied to a person with a criminal record.

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Overall, a conviction for second-degree felony manslaughter in Texas can have significant and long-lasting consequences. If you have been charged with this offense, it is important to seek legal assistance as soon as possible to ensure that your rights are protected and to explore all of your legal options.

Attorney Brad Thornton

If you have been charged with manslaughter in San Antonio, Texas, it is important to seek legal assistance as soon as possible to ensure that your rights are protected and to explore all of your legal options. One attorney who you may want to consider contacting is Brad Thornton, a board-certified criminal defense attorney who has extensive experience handling cases involving manslaughter and other serious criminal charges.

One reason to consider calling Brad Thornton for a free consultation is that he is a former chief prosecutor. This means that he has a unique understanding of how prosecutors build their cases and what they are likely to focus on when trying to secure a conviction. This knowledge can be invaluable in developing a strong defense strategy for your case.

Another reason to consider calling Brad Thornton is that he is a board-certified criminal defense attorney. In Texas, a lawyer must pass a rigorous exam and meet other stringent requirements in order to become board-certified in criminal law. This certification is a testament to an attorney's expertise and experience in the field of criminal law.

Finally, Brad Thornton is based in San Antonio, Texas, which means that he is familiar with the local court system and the judges and prosecutors who will be handling your case. This can be an important advantage when it comes to negotiating plea bargains or preparing for trial.

Overall, if you have been charged with manslaughter in San Antonio, Texas, it is important to speak with an experienced criminal defense attorney as soon as possible. Brad Thornton may be a good option to consider, given his experience as a former chief prosecutor and his status as a board-certified criminal defense attorney.