San Marcos Manslaughter Defense Attorney

Facing Manslaughter Charges in San Marcos, TX?

If you or someone you love is facing manslaughter charges in San Marcos, TX, you need a skilled and experienced lawyer to navigate the complexities of the case. The Law Offices of David C. Hardaway is here to provide expert legal representation for individuals accused of manslaughter in San Marcos and surrounding areas. With years of experience handling criminal defense cases, our team will fight to protect your rights and seek the best possible outcome for your case.

Call (512) 846-9966 or contact us online today to let us get started on building your defense.

What is Manslaughter?

Manslaughter is a criminal charge that occurs when someone unintentionally or recklessly causes the death of another person. In Texas, manslaughter is considered a less severe crime than murder but is still a serious felony. Unlike murder, manslaughter typically does not involve premeditation or malice aforethought. The key distinction is that the act leading to death was committed without intent but under circumstances that show recklessness or gross negligence.

The Texas Penal Code defines manslaughter as recklessly causing the death of another person. This means that the accused person was aware of but disregarded a substantial risk of death, and their actions resulted in the loss of life. While manslaughter charges are serious, they are not as severe as murder charges, and the penalties can vary depending on the facts surrounding the case.

Voluntary vs Involuntary Manslaughter in Texas

Manslaughter charges in Texas can be classified as either voluntary or involuntary, and each category carries different implications and legal defenses. Understanding the distinction between the two is essential when facing these charges.

Voluntary Manslaughter

Voluntary manslaughter occurs when a person intentionally causes the death of another person, but the killing happens under circumstances that reduce the severity of the crime. In Texas, voluntary manslaughter typically arises when the accused was provoked or acting under extreme emotional distress or heat of passion. For example, if someone kills another person in the heat of an argument or after being assaulted, they may face voluntary manslaughter charges rather than murder.

In Texas, voluntary manslaughter is considered a second-degree felony, and the penalties can include:

• 2 to 20 years in prison
• Fines of up to $10,000

A skilled San Marcos manslaughter lawyer can help argue that the circumstances of the case should reduce the charges from murder to voluntary manslaughter, which could lead to a more lenient sentence.

Involuntary Manslaughter

Involuntary manslaughter, on the other hand, involves unintentional killing caused by reckless or negligent behavior. The accused may not have intended to cause harm, but their actions were so reckless that they resulted in the death of another person. Involuntary manslaughter can occur in situations such as a fatal car accident caused by reckless driving or a fatal mistake made during an illegal or dangerous activity.

In Texas, involuntary manslaughter is also classified as a second-degree felony, carrying similar penalties as voluntary manslaughter. However, the prosecution must prove that the accused acted recklessly or with gross negligence to secure a conviction.

Legal Defenses Against Manslaughter Charges

If you're facing manslaughter charges in San Marcos, there are several legal defenses that your lawyer may use to challenge the prosecution’s case. Each case is unique, but common defenses against manslaughter charges include:

Self-Defense

One of the most common defenses in manslaughter cases is that the accused acted in self-defense. If someone is confronted with a life-threatening situation or imminent danger, they may be justified in using force to protect themselves. If the accused can prove that they acted out of a reasonable belief that they were in danger of serious harm or death, they may not be convicted of manslaughter.

Lack of Intent

To be convicted of voluntary manslaughter, the prosecution must prove that the accused intentionally caused the death of another person. If your lawyer can argue that the killing was an accident or that you lacked the intent to kill, this could lead to a reduction or dismissal of the charges.

Provocation

In cases of voluntary manslaughter, provocation may be a valid defense. If the accused was provoked in a way that led them to act impulsively or in the heat of passion, their actions may be seen as less culpable than premeditated murder. This defense aims to show that the killing was a result of a temporary loss of control rather than malice.

Accident or Mistake

Sometimes, a manslaughter charge may arise from an unfortunate accident or a mistake. Involuntary manslaughter charges often involve unintentional deaths caused by reckless behavior. If your attorney can demonstrate that the death was a tragic accident and not the result of gross negligence, this defense may lead to a reduction in charges or even a dismissal.

Lack of Evidence

In some cases, the prosecution may not have enough evidence to prove that the accused was responsible for the death. Your lawyer may challenge the evidence presented by the prosecution, pointing out inconsistencies or holes in their case that raise doubts about your involvement in the death.

Strategies for Manslaughter Defense in San Marcos

At The Law Offices of David C. Hardaway, our experienced manslaughter criminal lawyer in San Marcos constructs a defense strategy that is client-centric. We meticulously investigate each detail, aiming to build a compelling argument in your favor.

• Comprehensive Case Investigation: Collecting all underlying facts and evidence is paramount for a robust defense.
• Challenging Evidence Validity: Examining the admissibility and source of evidence ensures your rights are protected.
• Plea Negotiations: When beneficial, negotiating reduced charges or penalties to achieve the best possible outcome.
• Expert Consultations: Collaborating with medical, forensic, and psychological experts to reinforce defense arguments.

Alongside these tactics, we aim to establish a narrative that reflects our clients' character and personal history, emphasizing lack of intent or provocation, where applicable. We adapt to new information swiftly, ensuring our defense is as dynamic and responsive as possible. Our unwavering attention to detail and constant readiness to pivot strategies based on new evidence offers our clients the best chance of a favorable outcome.

Get Experienced Help Now: Contact The Law Offices of David C. Hardaway

When facing the serious implications of a manslaughter charge in San Marcos, having a committed and experienced defense team on your side is indispensable. At The Law Offices of David C. Hardaway, we are dedicated to maintaining open communication and building a strong defense to protect your rights.  Allow us to provide the guidance and support needed to pursue the best possible outcome. Remember, time is crucial, so let us be at your side every step of the way.

Don't navigate the complexities of the legal system alone. Schedule your consultation today by calling (512) 846-9966.