Manslaughter in Texas means recklessly causing someone’s death: knowing about a substantial and unjustifiable risk that someone could die and consciously ignoring it (Penal Code §§ 19.04, 6.03(c)). It’s almost always a second-degree felony, with 2 to 20 years in prison and up to a $10,000 fine. The same death caused by criminal negligence, where the person should have seen the risk but didn’t, is criminally negligent homicide, a state jail felony with 180 days to 2 years (§ 19.05). And the line between those two charges, or between manslaughter and murder, often comes down to one question: what did you actually know and think in that moment?
Call (713) 664-4000. If there’s an investigation into a death and you’re involved, don’t give a statement to homicide investigators before you talk to us, even if you’ve been told you’re only a witness.
Manslaughter cases are among the most serious in our Houston criminal defense practice, and the line between reckless and negligent is where we fight hardest.
The homicide charges and what separates them
| Charge | Mental state | Level |
|---|---|---|
| Murder (§ 19.02) | Intentionally or knowingly causing death, intending serious injury and committing an act clearly dangerous to life, or causing death during a felony | First-degree felony, 5 to 99 years or life. Drops to second degree if the defense proves sudden passion from adequate cause at punishment |
| Manslaughter (§ 19.04) | Recklessly causing death | Second-degree felony, 2 to 20 years (first degree if the death came from damaging a critical infrastructure facility, § 19.04(b)) |
| Criminally negligent homicide (§ 19.05) | Causing death by criminal negligence | State jail felony, 180 days to 2 years |
| Intoxication manslaughter (§ 49.08) | No mental state. Causing death by reason of intoxication while driving | Second-degree felony, or first degree in some cases |
Manslaughter charges come out of fights where one punch led to a fatal fall, firearm accidents, street racing and reckless driving crashes, and cases where someone had a legal duty to act, like a parent or caregiver, and didn’t. Prosecutors sometimes indict for murder and let the jury consider manslaughter as a lesser offense, and sometimes indict for manslaughter when the evidence of intent is thin. Either way, the mental state is the fight. If the death came from a DWI crash, see our page on intoxication manslaughter.
What else is at stake
There’s no statute of limitations for manslaughter (Code of Criminal Procedure Art. 12.01(1)(A)). If a gun or a car was involved, prosecutors will ask for a deadly weapon finding. With that finding, only a jury can recommend probation, and only on a sentence of 10 years or less for someone with no prior felony. A prison sentence also means serving at least half before parole eligibility (Art. 42A.054(b); Gov’t Code § 508.145(d)). Murder is almost never eligible for deferred adjudication. Manslaughter is, even when a gun or car was involved, so an outcome that avoids a conviction is possible when the facts support it.
How we defend manslaughter charges
The mental state. Recklessness requires proof that you were actually aware of the risk. Negligence doesn’t. That difference moves the range from 2 to 20 years down to a state jail felony, or to 2 to 10 years if there’s a deadly weapon finding, and a strong case on it can mean an acquittal on the greater charge. We build it from what you could see and how fast it happened.
Causation. The death has to be caused by your conduct. If something else, like a separate medical problem or another person’s act, was clearly enough to cause the death on its own and your conduct clearly wasn’t, you’re not criminally responsible (Penal Code § 6.04(a)). And the medical examiner’s report is often less certain than the charge suggests. We get the complete autopsy file and, when needed, our own forensic pathologist.
Self-defense and defense of others. When force is legally justified as self-defense, it’s a complete defense, including to a manslaughter charge (Alonzo v. State, 353 S.W.3d 778 (Tex. Crim. App. 2011)). Texas allows deadly force in the situations Penal Code § 9.32 describes. The one exception to watch is a bystander: if an innocent third person is recklessly killed, self-defense against the attacker doesn’t cover that death (§ 9.05). Once there’s some evidence of self-defense, the burden is on the State, and the jury has to acquit if it has a reasonable doubt about whether you acted in self-defense. In felony cases, we present self-defense evidence to the grand jury before an indictment when that’s the right move, and some cases end there.
The investigation. Homicide investigators interview witnesses early and sometimes steer them. We find and interview witnesses ourselves and compare every statement to the physical evidence, including video and phone records.
Charged with manslaughter in Houston? Call Blass Law
Jay Blass Cohen has defended serious felony cases in Houston since 2009 and has never worked for the prosecution. The earlier we’re involved in a homicide investigation, the more we can do, including before anyone is charged.
Call (713) 664-4000. If homicide investigators have contacted you, call us before you call them back.
Related Manslaughter and Homicide Charges
Reviewed by Jay Blass Cohen, founder of Blass Law PLLC, ACS-CHAL Forensic Lawyer-Scientist, certified Drug Recognition Expert, and SFST instructor, serving Houston since 2009. This article is general information, not legal advice for your situation. Prior results do not guarantee a similar outcome.