Intoxication manslaughter is a charge that results when an individual kills another person while intoxicated while driving. The victim can be a passenger, another driver, or a pedestrian. The victim’s death can also be a result of the injuries caused, and not necessarily those immediately sustained at the time of the crash.
Due to the serious nature of an intoxication manslaughter charge, you need to hire a qualified criminal defense lawyer immediately after the accident occurs. Our College Station, Texas, intoxication manslaughter attorneys are highly experienced and have the skills to defend your case properly.
We can get to work at once to investigate the details of the crash to determine if intoxication was indeed a factor. Additionally, we will examine the evidence to ascertain whether your alleged intoxication caused the victim’s death. You can count on us to aggressively look into every detail and every shred of evidence in order to weaken the prosecutor’s case.
The Greening Law Group of Bryan College Station, Texas, believes that a strong attorney-client relationship is key to establishing a solid defense strategy. We recognize that people can make mistakes that can affect them for the rest of their life. We make no judgments about our clients but instead concentrate on helping them to protect their future and reputation.
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Texas law stipulates that “intoxication manslaughter” occurs when the individual in question operates a motor vehicle in a public space, aircraft, watercraft, or amusement ride or assembles an amusement ride while being legally intoxicated and, as a result, causes the death of another person. Under Texas law, an individual is considered to be legally intoxicated when their blood alcohol content (BAC) is greater than or equal to 08%.
Criminal law in Texas states that an offender can only be charged with vehicular homicide when there is an element of premeditation, a motive, and conscious action. Conversely, manslaughter cases are charged based on evidence that the victim died as a result of the offender’s criminal negligence rather than intentionally murdering the victim. To determine criminal negligence, the alleged offender must have acted in a manner that was deemed reckless beyond reasonable doubt.
In intoxication manslaughter cases, the prosecutor must provide proof that you were recklessly operating a motor vehicle. If the state can prove that you were intoxicated when the accident occurred, it is considered a reckless act. Tests conducted at the scene and the police station may corroborate the charges that have been filed against you.
In Texas, intoxication manslaughter can be charged as a second-degree felony, which can lead to serious penalties if convicted.
Penalties for intoxication manslaughter can include:
Furthermore, the prosecutor has the legal ability to tack on criminal charges, including additional intoxication manslaughter charges, if more than one victim dies as a result of the accident.
Penalties for intoxication and manslaughter are determined by the number of victims and the overall magnitude of the crime. It is common for a judge to combine charges in order to treat you as a repeat offender for separate offenses, even if you do not have any prior convictions for the same offense. In cases where there are multiple victims, you can expect that there will be significantly more jail or prison time and steeper fines.
A conviction will stay on your permanent criminal record for life. You will also be branded a convicted felon and have to deal with the consequences, such as not being able to vote, own or possess a firearm, hold a professional license, or obtain a loan.
Even with the potentially life-altering consequences that you could face, you also will have to deal with the social implications that will result from a conviction. You most likely will have to deal with the following types of issues which include family issues that could lead to a divorce or other alienation from your children or extended family, destruction to your reputation, and increased substance abuse in the form of alcoholism or drug use.
There is a great deal at stake here, including your freedom and future, so do not delay working with a criminal defense lawyer in College Station, TX.
Although it is certainly possible to be sentenced to probation for intoxication manslaughter in Texas, it should be mentioned that it is extremely rare. Therefore, it is essential that you hire a qualified criminal defense lawyer to present your case in court. Failure to obtain experienced legal representation can result in your being denied the opportunity of probation and increase your chance of serving a lengthy prison sentence.
The prosecutor may attempt to negotiate with your Criminal Defense Lawyer in College Station, TX and work out a plea deal. However, typically probation is not offered as part of a plea deal. Most defendants usually have to go to trial first before being offered probation.
It should be understood going into your case that even if you are sentenced to probation for intoxication manslaughter, you will most likely still be required to serve a minimum time amount of time in jail. This time period may vary from 120 to 180 days in jail. In addition, you will be required to complete 240 to 800 hours of community service.
When you choose The Greening Law Group, you will be able to fight your charges with our founding attorney, who is also a former prosecutor. As a former district attorney and county attorney, our lead College Station, TX, criminal defense lawyer, has handled numerous DWI felony cases, including those involving intoxication manslaughter. We understand how the state prepares cases and how they investigate. We can use this insider knowledge to our advantage when preparing our defense.
Our lead attorney, Craig Greening, is also Board Certified in Criminal Trial Law, a distinction that only less than 10% of attorneys can claim. Mr. Greening has the advantage of an inside perspective when it comes to understanding the Texas court system. He brings his in-depth knowledge of criminal law and innovative trial strategies to each client who comes to our office.
Due to the serious nature of your criminal charges, we understand that we have to present the best possible defense on your behalf to protect your future and freedom. We have the knowledge and ability to stand up to the prosecution and present an aggressive defense on your behalf.
Each individual case is different, and we recognize that you are feeling extremely anxious and apprehensive about what the future holds for both you and your family. By hiring an experienced attorney who has years of experience, you are taking the first step in securing your future.
Do not delay hiring an attorney. Time is of the essence with all types of DWI charges. The soon you hire us, the sooner we can get to work building your defense. From the moment you hire our law firm, we will begin working on your case in order to expose any weaknesses in the state’s case against you.
Call our team at 979-779-2000 for help. We welcome clients from Houston, Dallas, and Austin. We will be happy to schedule a free consultation so that we may discuss your case with you.