Were you charged with vehicular manslaughter in McKinney, Texas? Call Texas Defense Firm at (972) 369-0577 to schedule a consultation. Our McKinney vehicular manslaughter lawyers can defend your rights and help you move toward as favorable an outcome as the law allows.
Our team of McKinney criminal defense attorneys brings just over 200 years of combined experience to every case we handle. We have represented clients facing the most serious criminal allegations in McKinney, Collin County, and throughout Texas. We are confident that we can help you with your charges as well.
Contact us today to learn more about your legal options and how we can help you fight back against the prosecution.
Why Should I Hire Texas Defense Firm if I’ve Been Charged With Vehicular Manslaughter in McKinney, TX?
When so much is on the line, selecting the right criminal defense lawyer is one of the most important choices you’ll ever make in McKinney, TX. At Texas Defense Firm, our team has two full centuries of combined experience. We will make your case our priority and will do everything we can to get your charges reduced or even dismissed altogether if you hire us.
Choosing our McKinney criminal defense lawyers means you get:
- Board-certified attorney: Our lead attorney, Jeremy Rosenthal, is Board Certified in Criminal Law by the Texas Board of Legal Specialization. It is a distinction held by less than 1% of attorneys in the Lone Star State.
- Proven courtroom success: We are trial lawyers who do not hesitate to take cases before a jury when necessary. Prosecutors and law enforcement know who we are, and they know we won’t back down.
- Local knowledge: Our firm has handled hundreds of cases in Collin County courts. We know how local judges and prosecutors approach these cases, and we won’t let them take advantage of you.
- Personalized defense strategy: Every case has a unique set of facts and circumstances. We will take the time to understand your situation and build a defense tailored to your needs.
Don’t wait too long to deal with your charges. Contact our award-winning McKinney vehicular manslaughter lawyers to get started with a consultation.
What Is Vehicular Manslaughter in Texas?
Texas law does not contain a statute labeled “vehicular manslaughter.” Instead, these cases are usually prosecuted under Texas Penal Code § 19.04. This law defines manslaughter as recklessly causing the death of another person. When a car or truck is involved, it is commonly referred to as vehicular manslaughter.
The key legal element in this crime is recklessness, so prosecutors must prove:
- The driver was aware of a substantial and unjustifiable risk, and
- They consciously disregarded that risk.
Recklessness is a higher standard than ordinary negligence. It can be more difficult for the prosecution to prove.
Examples of conduct that can lead to vehicular manslaughter charges include:
- Excessive speeding in dangerous road conditions
- Street racing or exhibition driving
- Driving while intoxicated by alcohol or drugs
- Severe distraction, such as texting or watching videos while driving
The consequences of a conviction are severe, as the prosecution will often argue that the driver’s conduct showed a disregard for human life.
Intoxication Manslaughter Charges in Texas
One of the most common forms of vehicular manslaughter cases in McKinney involves intoxication. Texas Penal Code § 49.08 defines intoxication manslaughter as causing the death of another person by accident or mistake while operating a motor vehicle in a public place under the influence of alcohol or drugs.
Unlike other manslaughter charges, the prosecution does not need to prove recklessness for intoxication manslaughter.
Instead, they must prove two main points:
- The driver was intoxicated, meaning a blood alcohol concentration (BAC) of 0.08% or higher, or impairment by drugs or alcohol.
- The intoxication caused the accident that resulted in death.
Because the burden of proof is lower, these cases are often easier for prosecutors to pursue. However, defenses are still available. Many intoxication manslaughter charges can be successfully challenged.
What Are the Penalties for Vehicular Manslaughter in McKinney?
Vehicular manslaughter is classified as a second-degree felony in Texas.
If convicted, the penalties you face could include:
- Between 2 and 20 years in prison
- Fines up to $10,000
- Probation
- Community service
- Counseling
Your prior criminal history, the presence of aggravating factors, and whether more than one death occurred can also influence the specific sentence in your case.
Collateral Consequences of a Conviction
You’re likely not just facing prison time and fines after a conviction for vehicular manslaughter. There are typically also long-term consequences that can affect nearly every area of your life.
These may include things like:
- Loss or severe restrictions on your driver’s license
- Challenges finding employment, especially in industries involving driving or professional licensing
- Difficulty securing housing due to a felony record
- Lasting damage to your reputation within the community
- Loss of certain civil rights, such as firearm ownership
These collateral consequences make it clear why mounting a strong defense is so important. The effects of a conviction can extend far beyond the courtroom. You still have time to respond with help from our vehicular manslaughter attorneys in McKinney.
What Defenses Can I Raise Against Vehicular Manslaughter Charges in McKinney, Texas?
At the end of the day, your defense will depend on the specific facts and circumstances of your situation.
Some common strategies that we may utilize include, but are not limited to, the following:
- Challenging recklessness: The prosecution must prove reckless behavior, not mere negligence. Ordinary accidents do not rise to this level.
- Questioning causation: Prosecutors must prove that your actions directly caused the death. Other drivers, weather, or road conditions may have been responsible.
- Attacking the reliability of witnesses: Eyewitness testimony can be inaccurate under stressful circumstances.
- Suppressing evidence: If police violated your rights, such as conducting an unlawful search or seizure, evidence may be excluded.
- Using expert testimony: Accident reconstructionists or forensic specialists can present alternative explanations for the crash.
Our attorneys will evaluate every piece of evidence that is relevant in your situation. Then, they’ll build a defense designed to highlight weaknesses in the prosecution’s case against you.
How Can a Criminal Defense Lawyer Help Me Respond to Vehicular Manslaughter Charges in Texas?
Being up against a charge like vehicular manslaughter can feel intimidating. The right lawyer can make the situation easier to handle. A good attorney doesn’t just stand beside you in court. They can advocate for you throughout the process and ensure that your legal rights are fully represented from start to finish.
More specifically, some of the ways a defense lawyer can help include:
- Explaining your options: Facing criminal charges is incredibly stressful. A lawyer can break down the law and explain what is happening with your case as it moves through each step.
- Internally investigating and researching the case: Your attorney can review the facts of your case and conduct legal research to determine your best course of action.
- Challenging evidence: If law enforcement violated your rights during the investigation or arrest, a lawyer can file motions to have that evidence excluded.
- Negotiating with prosecutors: Many cases are resolved without trial. A skilled lawyer can push for reduced charges or a lighter sentence.
- Representing you at trial: Your attorney can represent you at every court appearance, including at trial, if taking your case to that stage is in your best interest.
Hiring legal counsel means you’ll have an advocate on your side who knows how the law works. They know how to deal with prosecutors and law enforcement appropriately on your behalf.
What to Do if You’re Charged With Vehicular Manslaughter in McKinney, Texas
If you are accused of vehicular manslaughter in Texas, the most important thing you can do is stay calm. Doing so can be one way to avoid making the situation worse.
Here is what to keep in mind:
- Do not talk to the police without a lawyer present. Anything you say can be used against you later in court.
- Reach out to an attorney right away. The sooner you have legal help, the stronger your defense will be.
- Follow your lawyer’s advice. They know how the system works and will be able to protect you from unfair treatment.
Remember that you are innocent until proven guilty. You still have rights, and a Texas criminal defense lawyer can help you assert them.
Contact Our Experienced McKinney Vehicular Manslaughter Attorneys for Legal Help
A vehicular manslaughter charge in McKinney, Texas, is among the most serious criminal accusations you can face. A conviction can mean years in prison and lifelong consequences that jeopardize your freedom. However, an arrest is not the same as being found guilty. With the right defense, it is possible to respond to the situation effectively.
Our team of highly experienced McKinney criminal defense attorneys is ready to stand by you. Texas Defense Firm knows the stakes are high, and we know how to protect your legal rights.
Contact our McKinney vehicular manslaughter lawyers today to schedule a consultation.