CHAPPELL, LANEHART & STANGL

Lubbock Criminal Defense

Lubbock Manslaughter Defense

If you are facing manslaughter charges in Lubbock, Texas, you are up against some serious penalties, including heavy fines and prison time. Understanding your defenses and finding a qualified criminal defense lawyer is crucial to building your case.

The lawyers at Chappell, Lanehart & Stangl have decades of experience defending clients accused of manslaughter, vehicular manslaughter and intoxication manslaughter offenses with great success. Our lawyers have a proven track record of getting our clients the best possible outcomes.

In this article we will explore the nuances of manslaughter in the Texas penal code.

Manslaughter vs. Murder

The main difference between manslaughter and murder concerns the defendant’s mental state when they caused a person’s death.

There are varying degrees of legal responsibility. The most culpable is to intentionally or knowingly cause harm (murder charges), while lesser culpability is to recklessly cause harm (manslaughter).

 

Manslaughter Murder
Manslaughter means the defendant “recklessly”
caused the death.		 Murder means that the defendant “intentionally” or “knowingly” caused the death.
Manslaughter is a second-degree felony. Murder is a first-degree felony.
Manslaughter is punishable 2-20 years in prison and/or a fine up to $10,000. Murder is punishable by 5-99 years in prison and/or
a fine up to $10,000.

Manslaughter Charges

Over the years, our lawyers have successfully reduced murder charges to manslaughter charges.

In one such case, a Lubbock resident was accused of intentionally shooting his girlfriend in the head during an argument in the front yard. After four years of litigation, Fred Stangl was able to negotiate the lesser charge of manslaughter (meaning he acted recklessly and not knowingly). The defendant was given a probation sentence of 10 years.

In another case, Chuck Lanehart was able to arrange a plea deal for manslaughter for a client in the death of his brother-in-law.

A family argument on the drive home from a bar led to an altercation between the client’s father and brother-in-law. The client stopped the truck and fired a warning shot from a handgun to end the fight. When the fighting continued, the client shot the brother-in-law in the abdomen. Unfortunately, the brother-in-law died of his wound, which was an unintentional outcome. The client’s manslaughter plea deal of 20 years in prison was more lenient than the life sentence he would have faced under murder charges.

Although the general sentence for manslaughter is 2-20 years, it is possible to receive a probation sentence under certain circumstances. For instance, the defendant couldn’t have used a deadly weapon in the incident. Other considerations are jury recommendations for leniency, criminal history, cooperation with law enforcement and the defendant’s support system.

Vehicular Manslaughter / Intoxication Manslaughter

Manslaughter involving car accidents are treated separately in Texas. Vehicular manslaughter means the defendant recklessly caused the death of another while driving a vehicle. Intoxication manslaughter means the defendant drove drunk or on drugs and caused the death of another while intoxicated.

Both are second-degree felonies, but intoxication manslaughter does not have a mental state requirement. It also carries a 2- to 20-year prison sentence and fine up to $10,000. The court may also order probation with strict conditions, drug education programs and driver’s license suspension.

In one case, Chuck Lanehart was able to secure a plea deal for a client involved in a drunk driving accident that killed a woman in Lubbock. The client pled guilty to manslaughter and was sentenced to six months of shock jail time followed by 10 years probation.

The primary benefit of plea bargaining is to avoid a criminal trial and provide closure to all involved. For criminal defendants, these cases tend to deliver reduced time and punishments.

Hire An Experienced Criminal Defense Attorney

Facing felony manslaughter charges can feel insurmountable. But by positioning yourself with the lawyers at Chappell, Lanehart & Stangl, you will be able to navigate the legal system with the best criminal defense possible.

​​We have handled every type of manslaughter charge and dedicate ourselves equally to each client because each case requires individual strategy. When the stakes are high and include decades in prison, it’s important to set up an appointment with Chuck or Fred. We have a history of securing probation and more favorable terms for clients.

FAQs

What is the minimum sentence for manslaughter in Texas?

Manslaughter in Texas is a second degree felony. This charge will typically carry a sentence of between two and twenty years in a state prison and/or a fine of no more than $10,000.

https://www.findlaw.com/state/texas-law/texas-manslaughter-laws.html

 

What is the average sentence for intoxication manslaughter in texas?

Intoxication Manslaughter is a second degree felony in the State of Texas. Typical penalties can range from two to twenty years in prison and a fine up to $10,000.

https://lubbockcriminaldefense.com/2023/06/02/lanehart-secures-probation-for-client-guilty-of-manslaughter/

Other consequences: The court may also:

  • Order probation with strict conditions, such as community service, alcohol education programs, and regular check-ins with a probation officer
  • Order the defendant to pay restitution to the victim’s family
  • Suspend or revoke the defendant’s driver’s license
  • Order the installation of an ignition interlock device on the defendant’s vehicle

 

Can you get probation for manslaughter in Texas?

Yes, probation is possible for manslaughter in Texas, but it depends on several factors, including:

  • Deadly weapon: The defendant cannot have used or exhibited a deadly weapon during the offense or immediate flight
  • Sentence recommendation: If the jury recommends a sentence of 10 years or less, the judge will follow that recommendation
  • Criminal history: The defendant’s criminal history is a factor
  • Defense strategy: The defendant’s defense strategy is a factor
  • Cooperation with law enforcement: The defendant’s cooperation with law enforcement is a factor
  • Support system: The defendant’s support system is a factor

 

What is criminally negligent homicide in Texas?

While both lack the intent to kill, manslaughter involves unintentionally causing someone’s death. Conversely, criminally negligent homicide occurs when a person’s reckless behavior results in another’s death.

when someone dies as a result of another person’s extreme carelessness:

  • Deliberately disregarding safety regulations
  • Failing to take protective measures while aware of the danger
  • Making a situation risky by disregarding safety protocols
  • Texting while driving a motor vehicle at top speeds in a crowded neighborhood
  • Firing a deadly weapon in the air at a crowded celebration
  • Leaving a child in an unattended car in hot weather
  • Driving in heavy traffic that required careful attention, but choosing to text instead

The felony charge of Criminally Negligent Homicide is the result of an accidental death caused by a defendant. Although defendants with this charge do not have a willful or malicious intent to murder, negligence is a major component.

Proving the culpable mental state of an offender can be difficult for prosecution based on evidence. The degrees from highest to lowest are:

  1. Intentional
  2. Knowing
  3. Reckless
  4. Negligence

Criminally Negligent Homicide is sometimes compared to manslaughter where there are two types: voluntary and involuntary. Voluntary implies an intent to harm or kill, while involuntary is better described as an accidental death.

If the reckless actions of an offender directly led to a victim’s death, it is frequently indicted as manslaughter. Reckless is better defined in Texas law as a conscious disregard for substantial risks related to an offender’s conduct. Manslaughter charges are common for defendants behind the wheel, driving while under the influence of alcohol or drugs.

Negligence is defined in Texas law as an awareness that continued actions could lead to harm or death. It is commonly used to indict offenders that fail to help, act or intervene in the death of a victim. For example, an offender shoots a gun into the air which kills an innocent victim. Or an accidental discharge of a firearm causes a life-threatening injury, but the offender fails to call 911 or provide medical attention. Another unfortunate scenario for criminally negligent homicide common in Texas, is parents leaving kids in hot cars.

https://lubbockcriminaldefense.com/2022/04/01/fred-stangl-secures-plea-deal-for-criminal-defendant/

The family of a 57-year-old man who died after he was pushed from behind and hit his head in a fall to the ground unleashed their pain and anguish on the man responsible for their loss, saying his actions that night shattered their family.

https://www.lubbockonline.com/story/news/courts/2022/03/28/lubbock-man-sentenced-2020-homicide/7173474001/

 

What is the Punishment for Criminally Negligent Homicide in Texas?

Criminally negligent homicide is a state jail felony, which is punishable by six months to two years in a state jail facility and up to a $10,000 fine.

The statute of limitations is three years in Texas.

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