Intoxication Manslaughter Texas
Fort Worth, TX Criminal Defense Attorney
When a person is facing charges of intoxication manslaughter in Texas, they likely have engaged in the exact same conduct as a person who has been arrested for their first DWI. That DWI conduct may have caused the worst possible outcome, someone died. Texas Penal Code § 49.08 says person commits the crime of Intoxication Manslaughter if the person:
- (1) operates a motor vehicle in a public place, operates an aircraft, a watercraft, or an amusement ride, or assembles a mobile amusement ride; and
- (2) is intoxicated and by reason of that intoxication causes the death of another by accident or mistake.
Generally intoxication manslaughter is a Second Degree Felony, but is a First Degree Felony if it is shown on the trial of the offense that the person caused the death of a person that is a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty. These cases are complex and emotional.
In many respects, an intoxication manslaughter case is much like a DWI, but the fact that someone has lost their life creates a variety of complexities and sensitivities. Whereas a DWI probably does not have a “victim,” intoxication manslaughter cases obviously are connected to a death and to others impacted by that death. A skilled criminal defense attorney has to work to separate the emotion from the actual facts in an intoxication manslaughter case. Fort Worth Intoxication Manslaughter Attorney Cody Cofer is a skilled trial lawyer and negotiator that will fight the State’s tendency to propel the case with emotion and passion.
Intoxication manslaughter cases require a great deal of legal strategy from the very beginning. If you’re facing these very serious charges of intoxication manslaughter do not wait, call Cody Cofer so he can help you to start building a case. There is no doubt the government is building their case against you. Get a skilled Criminal Defense Attorney to start developing your defense.
Second Degree Felony
If intoxication manslaughter is charged as a second-degree felony then you may be punished by imprisonment in the Texas Department of Criminal Justice for any term of not more than 20 years or less than 2 years. Further, as with any second-degree felony, you may be punished by a fine not to exceed $10,000. Probation is a possibility for intoxication manslaughter; however, deferred adjudication is not an option under Texas law. This means if you are placed on any kind of probation for intoxication manslaughter you will forever have a felony conviction. The long-term implications of an intoxication manslaughter charge is something you should talk with a skilled criminal defense attorney about. Call Fort Worth Intoxication Manslaughter Attorney Cody Cofer to discuss your case at 817.810.9395.
First Degree Felony
If the intoxication manslaughter charge is filed as a first degree felony (because the State alleged that you caused the death of a person that is a peace officer, a firefighter, or emergency medical services personnel while in the actual discharge of an official duty) then the intoxication manslaughter punishment may be imprisonment in the Texas Department of Criminal Justice for life or for any term of not more than 99 years or less than 5 years. Further, an individual that is judged guilty of a first-degree felony charge of intoxication manslaughter may be punished by a fine not to exceed $10,000. Like with a second-degree felony charge of intoxication manslaughter, probation is a possibility; however, deferred adjudication is not an option under Texas law. This means if you are placed on any kind of probation for a first-degree intoxication manslaughter charge you will forever have a felony conviction.
The long-term consequences of an intoxication manslaughter charge is something you should speak with a skilled criminal defense lawyer about. Call our Fort Worth criminal law office to discuss your Intoxication Manslaughter charges.