The prospect of facing charges of vehicular manslaughter in San Antonio is daunting. Whether the incident involved driving while intoxicated (DWI) or was an unfortunate accident, understanding your rights and legal options is essential to defending yourself.
In this blog, the criminal defense lawyers at Austin Hagee Law Firm will provide information about vehicular manslaughter charges, relevant Texas laws, and potential defenses. We will also explain how a skilled San Antonio vehicular manslaughter lawyer can help you or a loved one navigate this challenging time.
What Is Vehicular Manslaughter in Texas?
Vehicular manslaughter, as defined in the Texas Penal Code § 19.04, is when someone unintentionally causes another person’s death with a vehicle due to reckless or negligent driving. This can include actions such as:
- Running a red light,
- Speeding, and
- Driving under the influence of drugs or alcohol (this may also bring a charge for intoxication vehicular manslaughter).
Vehicular manslaughter in Texas is classified under different statutes based on the nature and circumstances of the offense.
Criminally Negligent Homicide
Criminally negligent homicide occurs when an individual causes the death of another by criminal negligence. This means the driver did not intend to cause harm but did so through grossly negligent or careless actions, such as texting while speeding through a school zone.
In the law, there are two types of negligence—civil negligence and criminal negligence. The difference is largely in the perpetrator’s state of mind. Civil negligence involves the failure to use reasonable care, while criminal negligence refers to an egregiously negligent act or a gross deviation from the general standard of care towards others.
Unintentional Vehicular Manslaughter in Texas
Unintentional vehicular manslaughter is often considered a form of criminally negligent homicide. In these cases, the driver did not intend to cause harm but did so due to careless actions. Common examples include causing a deadly crash due to texting while driving or failure to yield the right of way. While the death may not be intentional, the act that brought about the death substantially deviates from exercising reasonable care.
Intoxication Manslaughter
Driving while intoxicated (DWI) can lead to more severe charges known as intoxication manslaughter under Texas Penal Code § 49.08. This statute is relevant when a person operates a vehicle, aircraft, watercraft, or amusement ride in a public place while intoxicated and, due to that intoxication, unintentionally causes the death of another person. To prove this crime, prosecutors must show that the defendant was intoxicated and the intoxication caused the fatal accident.
In cases of intoxication manslaughter, also called DWI vehicular manslaughter, the prosecutor can prove intoxication if your blood alcohol content (BAC) is above the legal limit of 0.08% or if you show impaired mental or physical abilities due to alcohol or drug use.
A qualified lawyer with experience handling vehicular manslaughter cases in San Antonio can offer invaluable guidance and representation to safeguard your rights.
What Is the Sentence for Vehicular Manslaughter in Texas?
In Texas, vehicular manslaughter can be classified as either a state jail felony or a second-degree felony, depending on the circumstances.
- State jail felony—punishable by 180 days to 2 years in state jail, a fine of up to $10,000, and driver’s license suspension; or
- Second-degree felony—punishable by 2 to 20 years in prison, a fine of up to $10,000, and driver’s license suspension.
The severity of your sentence is determined by several factors, such as:
- Previous criminal record—if you have prior DWI convictions or other criminal history, you may face harsher penalties;
- Severity of the incident—cases involving multiple fatalities or extreme recklessness may result in more severe sentences; and
- Mitigating circumstances—your remorse, cooperation with law enforcement, and efforts to seek rehabilitation could positively impact the sentence.
A conviction can affect your ability to find employment, obtain professional licenses, and exercise certain civil rights. Beyond incarceration and fines, you may face mandatory drug and alcohol programs, community service, and civil lawsuits from the victim’s family.
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Defending Against Vehicular Manslaughter Charges
Defending against a vehicular manslaughter charge requires a comprehensive understanding of the law and a strategic approach. Some common defenses include:
- Lack of intoxication—challenging the accuracy of a breathalyzer or blood tests to prove you were not intoxicated at the time of the incident;
- Mechanical failure—demonstrating that a vehicle defect or mechanical issue, rather than driver error, caused the accident;
- Third-party fault—establishing that another driver or external factor was responsible for the fatal collision;
- Absence of recklessness or negligence—arguing that your actions were not reckless or negligent, disputing the basis for criminal charges;
- Violation of rights—showing that law enforcement violated your constitutional rights during the arrest or investigation; or
- Lack of evidence—demonstrating that there is insufficient evidence to prove guilt beyond a reasonable doubt.
A knowledgeable San Antonio vehicular manslaughter lawyer will build a strong defense tailored to your case.
Benefits of Hiring a San Antonio Vehicular Manslaughter Lawyer
Facing a vehicular manslaughter charge demands a legal team with unwavering dedication, comprehensive knowledge, and a proven track record. At the Austin Hagee Law Firm, we are dedicated to providing compassionate and aggressive defense strategies. Our skilled San Antonio vehicular manslaughter attorneys can provide invaluable assistance by:
- Conducting a thorough investigation—gathering evidence, interviewing witnesses, and consulting experts to build a robust defense;
- Negotiating with prosecutors—seeking to reduce charges or secure a favorable plea deal to minimize potential penalties; and
- Advocating in court—presenting a compelling case before the judge and jury, emphasizing mitigating factors, and challenging the prosecution’s evidence.
We have a proven track record of success, consistently securing dismissals, reducing charges, and achieving favorable client outcomes. Secure the representation you deserve. Contact us today for a free consultation. Let us put your worries to rest while protecting your interests.
Frequently Asked Questions
Can a Vehicular Manslaughter Conviction Be Expunged from My Record?
In Texas, expungement of felony convictions, including vehicular manslaughter, is generally not possible. However, some cases may be eligible for record sealing or non-disclosure, which limits public access to your criminal record. This will need to be examined after your case has been fully adjudicated and there is no pending legal action pending.
Can I Get Bail if I Am Charged with Vehicular Manslaughter?
Bail is an option, although the amount may vary depending on the severity of the charges and your criminal history. Your lawyer can help negotiate bond terms, file a motion to reduce bond, and advocate for your release as soon as possible.
How Long Does a Vehicular Manslaughter Case Take to Resolve?
The timeline for resolving such cases can vary significantly, from several months to over a year, depending on the case complexity, the court’s schedule, and the legal strategies employed. Whether a case is finished quickly or slowly, our goal will always be to fight for the best possible outcome for our client with consistent communication and guidance.