Voluntary vs. Involuntary Manslaughter in Texas

When a human life is taken, Texas law distinguishes between different levels of criminal responsibility. While murder charges typically involve malicious intent or premeditation, manslaughter is considered a lesser offense where a person's actions result in the death of another person but without the same level of intent as murder.

While both involve an unlawful killing, the key distinctions lie in intent, circumstances, and recklessness. In either case, having an experienced, board-certified manslaughter defense attorney in your corner is the best way to protect your rights and build a strong defense.

What Is Manslaughter Under Texas Law?

In Texas, manslaughter is a second-degree felony under Texas Penal Code Section 19.04. (a) and applies when a person's reckless behavior causes another's death without lawful justification.

Unlike first-degree murder or second-degree murder, manslaughter does not require malicious intent or premeditation. Instead, the focus is on whether the defendant's actions were reckless or negligent enough to justify criminal liability.

Manslaughter is divided into two categories:

• Voluntary manslaughter: Occurs when a person intentionally kills another but under mitigating circumstances such as a “heat of passion” situation.
• Involuntary manslaughter: Occurs when a person's reckless or criminally negligent actions unintentionally lead to another's death.

Voluntary Manslaughter in Texas

While Texas law does not explicitly define voluntary manslaughter, it falls under manslaughter based on mitigating circumstances — typically involving sudden quarrels, loss of self-control, or self-defense gone wrong.

What Makes a Killing Considered Voluntary Manslaughter?

• Heat of passion: A reasonable person loses self-control due to adequate provocation, leading to an intentional killing without prior planning. For example, killing a partner for infidelity.
• Sudden quarrel: A fight or confrontation escalates quickly, causing the defendant to commit an unlawful killing in the moment.
• Imperfect self-defense: If a defendant knew they used excessive force in self-defense but truly believed it was necessary, it may result in a voluntary manslaughter charge instead of murder.

Punishment for Voluntary Manslaughter

Since Texas does not have a separate voluntary manslaughter charge, these cases are typically prosecuted as manslaughter under second-degree felony laws:

• Prison sentence: 2 to 20 years in state prison.
• Fines: Up to $10,000.
• Probation eligibility: Possible in some cases, depending on mitigating factors.

Involuntary Manslaughter in Texas

Involuntary manslaughter occurs when a person’s reckless behavior or criminal negligence unintentionally causes the victim’s death. The key distinction is that there was no intent to kill, but the defendant’s actions were still unlawful or dangerously careless.

Common Examples of Involuntary Manslaughter

• Criminal negligence: If a person acts in a criminally negligent manner — such as leaving a loaded firearm where a child can access it — and it results in a victim’s death, it can lead to involuntary manslaughter charges. Other examples include:
  
  • Medical negligence: A doctor prescribes the wrong medication or performs surgery under the influence, resulting in a patient's death.
  • Workplace safety violations: An employer fails to follow safety regulations, leading to a fatal accident, such as a construction worker falling from unsafe scaffolding.
  • Firearm negligence: A person negligently fires a gun in the air during a celebration, and the bullet strikes and kills someone.
  • Improper childcare supervision: A babysitter or daycare provider leaves a child unattended in a dangerous situation, leading to a fatal accident.
  • Failure to provide care: A caretaker neglects an elderly or disabled person, leading to death from malnutrition or untreated illness.
  • Hazardous property conditions: A homeowner fails to fix a known dangerous condition (such as a broken railing or exposed electrical wiring), leading to a fatal accident.
• Vehicular manslaughter: When a person drives recklessly or under the influence, leading to a fatal accident.
• Reckless behavior: Actions like firing a gun in a crowded area or handling dangerous materials carelessly, leading to another person’s death.

Punishment for Involuntary Manslaughter

• Prison sentence: 2 to 10 years in state prison.
• Fines: Up to $10,000.
• Probation eligibility: More likely than in voluntary manslaughter cases, especially for first-time offenders.

Voluntary vs Involuntary Manslaughter: Key Differences

Defenses Against Manslaughter Charges

A strong legal defense can help reduce or dismiss a manslaughter charge. Possible defenses include:

• Self-defense: If the victim was threatening serious bodily harm, the defendant may have acted lawfully.
• Lack of recklessness: If the defendant's actions were not criminally negligent, they may not be guilty of manslaughter.
• Mistaken identity: The prosecution must prove beyond a reasonable doubt that the defendant committed the crime.
• Absence of adequate provocation: If the killing wasn’t a heat-of-the-moment act, the charge may be reduced.

Defend Your Rights and Reputation with Ryan H. Deck

If you’re facing manslaughter charges, you need an experienced criminal defense attorney to protect your rights. Whether accused of voluntary or involuntary manslaughter, Attorney Deck has decades of criminal law experience to build a strong defense and challenge the manslaughter charges against you.

Don’t let a moment of recklessness or a sudden quarrel define your future. Contact us today for a free consultation and start fighting for the best possible outcome.