Intoxication Manslaughter
Call Lee D. Cox, Lawyer if you are charged with Intoxication Manslaughter.
Conviction of intoxication manslaughter carries significant penalties in the state of Texas. If you, a friend or a family member has been charged with intoxication manslaughter, don’t wait. Your first action should be to make a call to a Fort Bend County attorney specializing in intoxication manslaughter. Hiring an experienced criminal defense attorney is vital to protecting your rights.
Definition of Intoxication Manslaughter
In the Texas Penal Code, intoxication manslaughter is defined in Section 49.08 in the following way:
(a) A person commits an offense if the person:
- operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
- is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
Intoxication manslaughter may be a charge that is added to other charges related to an arrest. These other charges might be Felony DWI or intoxication assault.
Intoxication Manslaughter vs. Involuntary Manslaughter
In Texas the law distinguishes between the charge of intoxication manslaughter and the charge of involuntary manslaughter. In general terms, the court must prove the person being charged caused someone’s death by knowingly acting in a negligent manner. The prosecutor of the case must demonstrate that the defendant had a “guilty mind” when the crime occurred, regardless of his intent.
In cases of intoxication manslaughter, the court is generally not required to prove that the defendant recognized the guilt in his actions at the time. The court generally need only to prove that you were operating the vehicle under the influence of alcohol or a controlled substance when the incident happened. The seriousness of these types of cases demonstrates the importance of engaging a Fort Bend County criminal defense lawyer immediately upon being charged.
What Are the Penalties for an Intoxication Manslaughter Conviction?
An intoxication manslaughter conviction in Texas can result in stiff penalties. Intoxication manslaughter is listed as a Second-Degree Felony under Texas law. If convicted, the following penalties may be imposed:
Incarceration– Persons convicted of intoxication manslaughter in the state of Texas may be sentenced to a prison term of two to twenty years.
Fine – Persons convicted of intoxication manslaughter in the state of Texas may receive a fine of up to $10,000.
Community Service – Persons convicted of intoxication manslaughter may be required to commit to community service hours. You may be sentenced to perform from 240 to 800 hours of community service as part of your penalty.
Drug/Alcohol Treatment –A drug or alcohol rehabilitation program may be required of you during incarceration or after your release from confinement.
Ignition Interlock Device – An ignition interlock device may be installed in your vehicle to keep you from driving your vehicle if you are intoxicated. The device requires you to pass an alcohol breath test in order to start your vehicle.
Driver’s License Suspension – Your Texas driver’s license can be suspended from 180 days to two years following a conviction for intoxication manslaughter.
When a conviction of intoxication manslaughter is accompanied by other serious charges, a person may be sentenced to other penalties in addition to those listed above.
In addition to the penalties handed down as a result of a conviction of intoxication manslaughter also faces the potential of civil lawsuits being brought by the victims of the crime or their families. A person can be sued, under Texas law, for the injury or wrongful death of someone due to your own reckless act or by causing it through your negligence.
Do I Have to Submit to a Drug or Alcohol Test?
If you hold a valid Texas driver’s license you have automatically implied your consent to an alcohol breath test and/or blood or urine testing if arrested and charged with DWI or DUI. In most cases you can refuse to take the drug or alcohol test, with one exception. A person must submit to a blood test in cases involving suspicion of DWI which result in serious bodily injury or death of someone else, such as can be the case in intoxication assault and intoxication manslaughter cases.
How Can a Criminal Defense Attorney Help Me?
The first step you should take when charged with intoxication manslaughter is to seek out and hire an experienced Fort Bend County criminal defense attorney to protect your rights. With an experienced intoxication manslaughter attorney you should expect the following help with your case:
- A full investigation of the facts of your case including a thorough review of the police reports, personal interviews with any witnesses, including emergency personnel who responded to the accident scene and law enforcement officials.
- Build the best possible defense using the gathered information, along with your contributions of information.
- Filing of motions with the court on your behalf as deemed prudent to exclude or suppress evidence, such as certain testimonies, law enforcement statements and test results.
- Use his knowledge of the law and court proceedings to seek the best possible outcome in your case, which could be the elimination or reduction of the charges against you or the skillful negation of a lighter sentence when a conviction on charges appears likely.
How Do I Get the Legal Representation I Need?
For a Fort Bend County criminal defense lawyer experienced in intoxication manslaughter defense, call the Lee D. Cox law firm. With years of experience serving as both a defense attorney and a prosecutor, Lee has the skills and knowledge to deliver the strong defense you need to win your case and move forward with your life.
Call the Lee D. Cox law firm today to discuss your case at 281-762-7345. Don’t put your case and your life in the hands of the inexperienced. Call Lee now to engage him as your defense attorney to fight your Intoxication Manslaughter charges.
