If your actions resulted in the death of another person, but it was not your intent to take someone’s life, you may be charged with either manslaughter or negligent homicide. Although the two offenses sound similar, there are some important differences, including the punishments they incur.
What Is Manslaughter?
Manslaughter is the more serious of the two offenses, although it is still less severe than murder. In both, the defendant committed the crime in the heat of passion without a premeditated intent to kill the victim.
In Texas, the degree of culpable mental state impacts how severe the court considers the crime. The highest degree is an intentional mental state, meaning the defendant was conscious of what would result and desired the result.
The second-highest degree is a knowing mental state, which means the defendant was reasonably certain as to what would happen. The lowest degree that is still considered voluntary manslaughter is a reckless mental state. In such a case, the defendant would have been aware of the risk but consciously disregarded it.
Some examples of crimes that could lead to a manslaughter charge in Texas include driving under the influence, killing someone in self-defense when it was not a life-or-death situation, and assault after the victim provoked the defendant, leading to the defendant’s judgment to be impaired.
A second-degree felony, penalties for manslaughter include between two and 20 years in prison and a fine of up to $10,000.
What Is Negligent Homicide?
The lowest degree of culpable mental state is criminal negligence, which can lead to a charge of negligent homicide or involuntary manslaughter, depending on the court system. A negligent homicide conviction is possible if the defendant failed to realize that there was a significant risk of death, but an ordinary person would have been aware of the inherent risk and would have behaved differently.
You could be convicted of negligent homicide in Texas if you were involved in a case of vehicular homicide or in the case that a physical altercation or the reckless use of firearms (including the use of illegal weapons) resulted in the death of another person.
In addition, some types of drug activity can lead to a negligent homicide charge, such as selling illicit drugs or illegally prescribing medication.
As a less severe crime than manslaughter, negligent homicide is a state jail felony. Again, it can incur a fine of up to $10,000, but incarceration is a jail sentence of between 180 days and two years.
Receiving Representation
Both manslaughter and negligent homicide are serious charges. It’s crucial that you have an experienced attorney representing you to minimize the penalties you incur. For instance, an attorney who is well-versed in homicide law can prove a lower culpable mental state to reduce your punishment.
If you are being charged with manslaughter or negligent homicide, reach out to Vinas & Graham, PLLC, today for a private and confidential consultation. Plus, be sure to follow them on Facebook for more useful information about criminal charges and how they can help.
