The Difference Between Murder, Manslaughter, And Criminally Negligent Homicide In Texas

The Difference Between Murder, Manslaughter, And Criminally Negligent Homicide In Texas

At Mark Diaz & Associates, we know how high the stakes are when someone is accused of taking another person’s life. Texas law treats homicide charges with the utmost seriousness, and the potential penalties are life-changing. Not every homicide case is the same, however. The law defines different types of homicide, each with distinct legal elements, levels of intent, and penalties. Understanding the difference between murder, manslaughter, and criminally negligent homicide can help you or your loved ones know what to expect and how we can build the strongest defense possible.

Under Texas Penal Code Chapter 19, homicide refers to causing the death of an individual. The law recognizes four types of criminal homicide – murder, capital murder, manslaughter, and criminally negligent homicide. For this article, we are focusing on murder, manslaughter, and criminally negligent homicide, especially as they intersect with Texas DWI law, where intoxication may play a role in how a homicide is charged.

Murder Charges In Texas

Murder is defined under Texas Penal Code § 19.02. A person commits murder if they:

• Intentionally or knowingly cause the death of another person.
• Intend to cause serious bodily injury and commit an act clearly dangerous to human life that results in death.
• Commit or attempt to commit a felony, other than manslaughter, and in the course of or immediate flight from the felony, commit or attempt to commit an act clearly dangerous to human life that results in death (known as felony murder).

Murder is generally a first-degree felony in Texas, punishable by 5 to 99 years or life in prison and a fine up to $10,000. If the defendant can prove sudden passion arising from an adequate cause, the offense can be reduced to a second-degree felony, punishable by 2 to 20 years in prison.

In cases involving intoxication manslaughter under Texas Penal Code § 49.08, the state may pursue murder charges if it can prove the driver acted with extreme recklessness or committed a separate felony while intoxicated that led to a death.

Manslaughter Charges In Texas

Manslaughter is covered under Texas Penal Code § 19.04. A person commits manslaughter if they recklessly cause the death of another person. Unlike murder, manslaughter does not require intent to kill or cause serious injury. It focuses on reckless behavior that creates a substantial and unjustifiable risk of death.

Manslaughter is a second-degree felony punishable by 2 to 20 years in prison and a fine up to $10,000. Intoxication manslaughter, which often arises from DWI cases, is a specific type of manslaughter where a person operates a motor vehicle, watercraft, aircraft, or assembles a mobile amusement ride while intoxicated and causes the death of another by accident or mistake (Texas Penal Code § 49.08).

In DWI-related fatalities, prosecutors often pursue intoxication manslaughter instead of murder unless there is clear evidence of intentional harm or other felony conduct.

Criminally Negligent Homicide In Texas

Criminally negligent homicide is defined under Texas Penal Code § 19.05. A person commits this offense if they cause the death of another by criminal negligence. The standard for negligence is lower than recklessness; it involves a gross deviation from the standard of care that an ordinary person would exercise, failing to perceive a substantial and unjustifiable risk that results in death.

This offense is a state jail felony, punishable by 180 days to 2 years in a state jail facility and a fine up to $10,000.

In DWI cases, criminally negligent homicide might apply if the state cannot prove recklessness but can show that the defendant failed to perceive the risk of driving intoxicated, leading to a fatal accident.

Key Differences Between These Charges

• Intent – Murder involves intent to kill or cause serious harm, manslaughter involves recklessness, and criminally negligent homicide involves failure to perceive risk.
• Severity of Punishment – Murder carries the harshest penalties, potentially life in prison, while manslaughter and criminally negligent homicide carry lower but still severe penalties.
• DWI Connection – A fatal DWI crash is often charged as intoxication manslaughter, but in aggravated circumstances, the state could pursue murder. In less egregious cases, criminally negligent homicide may apply.

Building A Defense Against Homicide Charges

Every homicide case is different, and the facts matter. At Mark Diaz & Associates, we examine every angle:

• Whether the state can prove intent or recklessness beyond a reasonable doubt.
• Whether the DWI evidence was lawfully obtained and accurate.
• Whether constitutional rights were violated during arrest or questioning.
• Whether another party’s actions contributed to the death.

We fight aggressively in court to challenge weak evidence, cross-examine witnesses, and present mitigating factors that can reduce charges or penalties.

Frequently Asked Questions About Homicide Charges In Texas

What Is The Difference Between Murder And Manslaughter?

Murder requires intent to kill or cause serious bodily harm, while manslaughter only requires recklessness. Murder is punished more severely, as a first-degree felony, while manslaughter is a second-degree felony.

Can A DWI Fatality Be Charged As Murder?

Yes, in certain cases. If prosecutors believe the driver acted with extreme disregard for human life, such as driving intoxicated with prior DWI convictions or at excessive speeds in a dangerous area, they may pursue murder charges.

What Is Intoxication Manslaughter?

Under Texas Penal Code § 49.08, intoxication manslaughter occurs when someone operates a vehicle while intoxicated and causes another person’s death. It is a second-degree felony with penalties of 2 to 20 years in prison and potential fine of up to $10,000.

What Are Possible Defenses To Homicide Charges In A DWI Case?

Defenses include challenging the legality of any search, accuracy of blood alcohol testing, causation of the crash, and whether actions were truly reckless or negligent. We tailor defenses to the specific facts of the case.

What Is The Difference Between Recklessness And Criminal Negligence?

Recklessness means the person was aware of a substantial risk but consciously disregarded it. Criminal negligence means the person should have been aware of the risk but failed to perceive it.

Can A Homicide Conviction Be Expunged In Texas?

Generally, no. Homicide convictions cannot be expunged or sealed. A strong defense from the start is essential to avoid a life-long felony record.

What Are The Penalties For Criminally Negligent Homicide?

It is a state jail felony with a potential sentence of 180 days to 2 years in a state jail facility and fines up to $10,000.

Is Intoxication Manslaughter A Separate Charge From DWI?

Yes. DWI is a lesser offense under Texas Penal Code § 49.04. If a DWI causes a death, prosecutors may elevate the charge to intoxication manslaughter, which carries much harsher penalties.

Can Prosecutors Charge Multiple Counts For A Single Incident?

In cases where multiple people are killed or injured, prosecutors may file separate counts of intoxication manslaughter or assault for each victim. This can dramatically increase potential penalties if convicted. We fight to challenge each count and protect you from excessive sentencing.

How Does Self-Defense Apply To Homicide Charges?

Texas law recognizes the right to use deadly force in certain self-defense situations under Texas Penal Code Chapter 9. If we can show you acted to protect yourself or others, it can lead to reduced charges or a complete dismissal.

What Role Do Blood Tests Play In A DWI-Related Homicide Case?

Blood tests are often key evidence in intoxication manslaughter cases. We examine how the sample was taken, stored, and analyzed. Errors in the process can make results unreliable, giving us grounds to challenge the evidence.

Does A Prior DWI Conviction Affect Homicide Charges?

Yes. A history of DWI can influence how prosecutors charge the case, potentially elevating it to murder based on extreme recklessness. Prior convictions can also lead to harsher sentencing or plea reccomendations.

What Should I Do If I Am Being Investigated For A Fatal DWI Crash?

Contact a criminal defense lawyer immediately. Anything you say to police can be used against you. Early intervention allows us to protect your rights, investigate the crash, and prepare a strong defense before charges are filed.

Call Mark Diaz & Associates For Aggressive Homicide Defense In Texas

If you or someone you love is facing homicide charges, including murder, manslaughter, or criminally negligent homicide in connection with a DWI in Texas, the stakes could not be higher. Our team at Mark Diaz & Associates has decades of experience fighting serious criminal charges in Galveston and Houston courts. We know Texas law, we know the prosecutors, and we know how to build a powerful defense to protect your rights and freedom.

Contact our Galveston homicide defense attorney at Mark Diaz & Associates today by calling 409-515-6170 to schedule your free consultation. Let us stand between you and the full force of the state’s prosecution and fight for the best possible outcome in your case. Let Mark Diaz & Associates fight for you and your legal rights today.