Austin Manslaughter Lawyer

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‘Manslaughter’ refers to an unlawful killing of another person that involves no premeditation or malicious aforethought. Prosecutors who are pursuing murder charges against a defendant must prove a degree of intentionality and planning. These two features enhance the moral blame of the crime of murder, positioning it as a more serious crime when compared to manslaughter. Because manslaughter is seen as less heinous by the eyes of the law, the penalties are typically lighter. There are two primary variations of manslaughter: voluntary and involuntary.

Voluntary Manslaughter

Often referred to as a ‘crime of passion’ or a ‘heat of passion’ crime, voluntary manslaughter is triggered by a provoking event. In order for an event to qualify, it must be found that the event would provoke a reasonable person to act on their emotions in the moment. The killer must not have had time to ‘cool down’ between the provoking event and the violent act for the crime to be considered manslaughter. This type of charge makes concessions for the nature of human emotion, downgrading the moral culpability of the defendant.

Involuntary Manslaughter

When a person’s criminally negligent or reckless behavior results in the death of one or more people, they may be charged with the crime of involuntary manslaughter. In some cases where the recklessness of their actions are extreme, second degree murder charges may also be considered for the same act. Many instances of involuntary manslaughter involve motor vehicle crimes, including deaths that are caused by drunk driving or excessive speeding.

The Penalties of Manslaughter

Under federal sentencing guidelines, the crime of manslaughter is punishable by one to eight years in prison and/or monetary fines. The Texas penal code provides additional sentencing guidelines for crimes committed within the state. In Texas, the punishment for this offense includes two to 20 years in prison and a fine of up to $10,000. In most cases, individuals are mandated to continue with probation after
being released from prison.

Criminal Defense Lawyer

At the Law Office of Jesse Hernandez, we treat all clients with respect and dignity regardless of the circumstances of their case. We believe that you have the right to a fair trial and aggressive representation. If you are curious about the services we provide and how we can help you defeat your charges, contact us to schedule a case review. We provide free initial consultations to all potential clients.

San Antonio Office: 3107 Broadway Street, San Antonio, Texas 78209. (210) 807-8656.

Austin Office: 2025 Guadalupe Street Suite 260, Austin, Texas 78705. (512) 982-4798.

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San Antonio Law Office
of Jesse Hernandez


Hours: Open 24 Hours

3107 Broadway Street
San Antonio, TX 78209

Houston Law Office
of Jesse Hernandez


Hours: Open 24 Hours

3663 N. Sam Houston Parkway East, Office 607
Houston, TX, 77032

Austin Law Office
of Jesse Hernandez


Hours: Open 24 Hours

2025 Guadalupe Street, Suite 260
Austin, TX 78705