Manslaughter Defense

Unlike other homicide and murder charges, which may be capital and first-degree felonies, Manslaughter is considered a second-degree felony in the state of Texas.  Manslaughter usually implies some level of lessened blame or culpability.

Unlike murder cases, manslaughter cases generally have no accusation of premeditation or planning on the part of the accused individual. Instead, the actor will often be accused of acting recklessly or failing to consider the risks.

Per the Texas Penal Code Section 19.04, manslaughter is defined as an offense a person commits when he or she "recklessly causes the death of an individual." For a manslaughter charge to be applied, it must be established that your reckless conduct directly led to the person's death. Recklessness falls between negligence and intentional conduct, meaning it involves a greater disregard for safety than negligence but lacks the deliberate intent to harm. This recklessness can result from either an action taken or a failure to act when required.