According to the Texas penal code, it is a crime which happens when a person is driving under the influence of some substance. It can be that the person driving is drunk or had drugs, which impair his ability to make sound judgments.
Such acts, when resulting in the death of someone, it is called intoxication manslaughter. If you get yourself in such situations, you do not have time to think. Contact a criminal defense attorney right away. Delaying the decision can cost you a lot.
Such crimes in Texas can put a person in jail for about twenty years and can charge a fine of around ten thousand dollars. If the person who dies in the accident is a firefighter or anyone who provides emergency services, you can be put in jail for almost ninety-five years.
The penalty is the same. It is especially true in cases where the person whose negligence resulted in the accident has had convictions in the past. Therefore, having a professional on your side in such cases is highly important.
What are the elements that need to be proven by the prosecutor?
In case of intoxication manslaughter, the prosecution has to prove certain things, which are listed below:
- The person who is blamed was driving his vehicle in a public place. Parking is also included here.
- The driver’s intoxication resulted in the death of the person. Intoxication needs to be the cause of death. The intoxication led to the victim’s death.
- When this happened, you were intoxicated with alcohol or any drugs. You need to realize that intoxication means not being in your senses.
What are the penalties for intoxication manslaughter?
Penalties for intoxication and manslaughter have both prison time and a fine.
- You can be put behind bars for anywhere between two to twenty years of imprisonment. Your prison time will be in the hands of the judge, depending upon the details of your case.
- Fine is also in the hands of the judge, usually ten thousand dollars is seen as the fine but it is not a fixed amount.
- The driver’s license will remain suspended for at least two years.
What determines sentencing in intoxication manslaughter?
There are various factors that are considered when determining sentencing for the driver:
- When the accident happened, what was your BAC (blood alcohol concentration)? If the concentration is found to be high, the sentencing can increase.
- If you have had any past experiences similar to this, there can be an increment in your punishment.
- Certain factors, such as overspending when the accident happened or ending up killing multiple people, will also increase your punishment and sentencing.
- If you are accepting your responsibility and showing remorse for what happened genuinely, it might help in making the judge a little lenient.
You have a lot at stake; therefore, taking chances is not an option in such scenarios. Contact a lawyer the first thing if such scenarios present themselves.
What are some of the common defenses in intoxication manslaughter?
There are some common defenses that can be put to use by your lawyer in such cases:
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Involuntarily consuming the substance:
As a defense, your lawyer might put such an argument forward that you took the drink, not knowing that it was intoxicated.
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Death of the person was not directly associated with your act:
This is another defense where the lawyer will prove that the accident was not directly caused by you or your actions. Even if you were in your senses, the accident would have took palce regardless.
Hire a criminal defense lawyer!
Representation becomes very important, especially in cases like intoxication and manslaughter. Before you get charged heavily by the authorities or put behind bars, contacting a lawyer is crucial.
They can help in gathering evidence and documents to support you during the trial. They have years of experience in the field and are aware of how to defend their clients.
