Murder and manslaughter are similar in that they are both felonies and they both have resulted in the death of someone. However, these offenses are very different when it comes to the law and how they are defended. In this blog, we’ll discuss the primary differences between the two terms and offer more insights into the punishments and penalties for each crime.
1. Manslaughter vs. Murder
Under Texas law, manslaughter carries a lower level of culpability. It’s still a serious crime. However, it’s not as serious as murder. If a person is charged with manslaughter, it is alleged that he or she recklessly caused someone’s death without intent to do harm. Within the manslaughter category, there is a charge known as “intoxication manslaughter,” which is committed when another person’s death is caused due to impairment by drugs or alcohol.
A murder charge, on the other hand, involves the willful death of another person. Intent is extremely important here. If the offender intended to kill the person or cause serious harm, the crime is classified as murder. Under Texas law, capital murder is charged when a murder occurs during the course of committing another felony like robbery, there are multiple murders that were committed, a member of law enforcement is killed, or someone is hired to carry out the murder. There are other factors involved that can complicate the charges.
2. What Are the Penalties for Each Crime?
If a person is convicted of manslaughter in Texas, he or she could spend between two and 20 years in prison. For murder, the penalty increases to anywhere between five and 99 years in prison. Capital murder is punishable by life without parole, or death.
Murder is almost always considered a first-degree felony. If it’s a crime of passion, however, it’s considered a second-degree felony. The defendant must prove that they experienced sudden passion—catching someone in bed with their partner, for example—that triggered the act and that there was no preexisting intent.
3. What Should Be My Next Course of Action After Being Charged?
Both manslaughter and murder are very serious crimes that can alter your very existence. If you were recently arrested for either crime, you will need a capable criminal defense lawyer who will tenaciously defend you and guard your constitutional rights. You should hire one as soon as possible after you are arrested.
The attorney you hire should have an excellent track record for defending manslaughter and murder cases. They should also be recognized for building an aggressive defense for their clients. During your interviews, ask potential attorneys about their philosophical approach to criminal defense, how they may approach your case, and whether they have ever handled any high-profile cases that you may know about. Don’t be afraid to ask about the outcomes in those cases and where the defendants are now.
Attorney JL Carpenter has extensive experience working on manslaughter and murder cases across the Greater Houston area, including Friendswood and Clear Lake. Explore her reviews to see what her past clients think about her abilities.
Once you’re ready, schedule a consultation with JL. Besides murder and manslaughter, her practice areas include DWI, BWI, drug possession, family violence, and domestic violence, among others.