Texas Manslaughter Defense Lawyer

What Is Manslaughter Under Texas Law?

Texas Penal Code §19.04 defines manslaughter: a person commits manslaughter if they recklessly cause the death of another individual.

The key word is “reckless.” Under §6.03(c), a person acts recklessly when they are aware of but consciously disregard a substantial and unjustifiable risk that the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under the circumstances.

This is fundamentally different from murder, which requires proof that the defendant acted intentionally(their conscious objective was to cause death) or knowingly (they were aware that death was reasonably certain to result).

Penalties for Manslaughter

Manslaughter is a second-degree felony:

• 2 to 20 years in the Texas Department of Criminal Justice
• Fine of up to $10,000
• Probation may be available in appropriate cases
• Parole eligibility after serving one-quarter of the sentence or 15 years, whichever is less

Compare this to murder: a first-degree felony carrying 5 to 99 years or life, with parole eligibility only after serving 30 years (for offenses committed after September 1, 1993, that involve certain deadly weapons findings). The difference in sentencing exposure between murder and manslaughter is often the most consequential outcome in a homicide case.

Common Manslaughter Scenarios

Road Rage and Reckless Driving Deaths

When a death results from aggressive or reckless driving — excessive speed, racing, running red lights — the charge may be manslaughter rather than murder if the evidence shows recklessness rather than intent to kill. Note that if alcohol or drugs were involved, the charge is typically intoxication manslaughter under §49.08, which is a separate offense with its own penalty structure.

Reckless Handling of Firearms

Accidental shootings resulting from reckless handling of firearms such as pointing a weapon believed to be unloaded, firing into the air in a populated area or unsafe storage resulting in a child’s death may be charged as manslaughter.

Physical Altercations Resulting in Death

When a fistfight or physical confrontation results in a death the defendant did not intend, the appropriate charge may be manslaughter rather than murder. The defendant was aware their conduct was dangerous but did not consciously intend to kill.

Workplace and Activity-Related Deaths

Deaths resulting from reckless conduct in workplace settings, recreational activities, or other contexts where the defendant’s disregard for safety caused a fatal outcome.

Defense Strategies

Reducing Murder to Manslaughter

In many homicide cases, the most important defense objective is convincing the prosecution, judge, or jury that the defendant’s conduct was reckless rather than intentional. If the evidence does not support the mental state required for murder, the appropriate charge is manslaughter. Doug evaluates every murder case for manslaughter reduction opportunities which is a result that can mean decades less in prison and potential probation eligibility.

Challenging Recklessness

Even on a manslaughter charge, the prosecution must prove that the defendant’s conduct constituted a “gross deviation” from ordinary care. If the defendant’s conduct was merely negligent rather than reckless, the appropriate charge is criminally negligent homicide which is a state jail felony rather than a second-degree felony.

Accident Defense

If the death resulted from a true accident which is conduct that did not involve conscious disregard of a known risk, the defendant is not guilty of manslaughter. Doug investigates the circumstances to determine whether the defendant’s conduct meets the statutory definition of recklessness.

Self-Defense

Self-defense applies to manslaughter charges just as it applies to murder charges. If the defendant was justified in using force, the fact that the force resulted in death does not make the defendant criminally liable.

Protect Your Future — Contact Deandra Grant Law Today

If you or someone you love is facing homicide charges in Texas, contact Deandra Grant Law for a free, confidential consultation. Attorney Douglas Huff is our Partner and Criminal Division Chief — a senior trial attorney has defended clients against the most serious violent felony charges throughout his career. Our firm’s science credentials and nearly 30 years of criminal defense experience mean you get a level of defense that most firms cannot provide.

Call (214) 225-7117 or schedule an appointment online at texasdwisite.com.