Intoxication manslaughter forever changes the lives of all those it affects, including the person behind the wheel. It can lead to years of legal battles, civil action, and even the prospect of jail time. A defendant charged with intoxication manslaughter needs the help of an attorney with experience in similar cases to mount a successful defense.
An intoxication manslaughter charge doesn’t have to destroy you. A charge is not a guarantee of a conviction, and there is life on the other side of this. We have a team of attorneys standing by to give you the guidance and legal counsel you need to turn the page. You can claim your free consultation and get started today.
How Does Texas Define Intoxication Manslaughter?
Texas has two other manslaughter charges that differ from intoxication manslaughter in one key way. While both manslaughter and vehicular manslaughter require proof that the defendant engaged in some type of reckless behavior which resulted in someone else’s accidental death, intoxication manslaughter already assumes the driver was reckless.
Put simply, Texas law sees intoxicated driving as reckless behavior in and of itself. This makes proving the charge somewhat more straightforward while also opening avenues for your attorney to do things like challenge the breathalyzer results as well as cast doubt on the true cause of the accident. They can even look into whether or not your constitutional rights were violated during your arrest.
Does a Charge Automatically Mean That I’ll Go To Jail?
A charge does not guarantee a conviction, regardless of how strong you feel the case against you may be. Texas penal code 12.01 does dictate a mandatory jail sentence for those convicted of intoxication manslaughter, so your attorney will do everything they can to either prove your innocence, introduce reasonable doubt, or lessen your charges.
The law explicitly states that the prosecution must prove beyond a reasonable doubt that you caused the accident in question and that the accident happened because you were intoxicated.
What Are Some of the Defenses for Intoxication Manslaughter?
You need not assume that you have no chance of success in court. You are still innocent until proven guilty, and there’s much your lawyer can do to get your charges dropped or secure an acquittal for you in court.
We will scrutinize every aspect of the investigation, from field sobriety tests to probable cause and beyond. Here are just a few of the ways that we might argue your innocence in court:
- Rights Violations: Law enforcement officers sometimes violate the rights of those they arrest. If an officer violated your constitutional rights to obtain evidence against you, that evidence was obtained illegally, and it will not be admissible in court. Even if the evidence indicates your guilt, the ends do not justify the means, and your charges may be dropped.
- Inaccurate Test/Improper Testing: Breathalyzer machines are incredibly precise instruments that require regular maintenance in order to produce accurate results. Along with that, officers must be properly trained to ensure that results are not compromised in any way. If your attorney can prove that there were issues in conducting this test, it could greatly help you in court.
- Lack of Probable Cause: If the state cannot prove beyond a reasonable doubt that you caused the accident, then your charges can and should be dropped. The accident might have happened because of an issue with either your vehicle or the other driver’s vehicle, there could’ve been an obstruction on the road, or you might not have been legally intoxicated.
The most important thing to keep in mind when it comes to defending against an intoxication manslaughter charge is that your attorney does not necessarily have to prove your complete innocence. They just need to ensure that the jury feels there is too much reasonable doubt for them to be able to confidently charge you with this crime.
If the prosecution has an iron-tight case against you, we can also fight to make the best of a bad situation by negotiating for lighter sentences on your behalf.
Balch Springs Intoxication Manslaughter Lawyer Near Me (214) 696-9253
What Could An Attorney Do, and Why Choose Randall B. Isenberg?
Having an intoxication manslaughter attorney on your side could make the difference in your case. While you could opt to represent yourself or choose to have a public defender take your case, you both are unlikely to have the resources necessary to put your all into the fight for your freedom.
An attorney from our firm will be able to review all of the evidence entered against you, read the police reports, and look for opportunities to counter the police’s narrative of events. Your lawyer can interview and cross-examine witnesses on the stand, bring up character witnesses on your behalf, and provide evidence that proves you were not at fault.
All too many defendants feel like their life is over once they’ve been charged with this crime, but a charge is not the same as a conviction. You could still walk free and get the chance to rebuild your life after this.
Why Randall B. Isenberg?
Randall B. Isenberg has decades of experience within the legal system. He’s held a variety of roles that have given him a unique perspective. He hasn’t just rested on his own track record, either. He’s brought on several other attorneys who bring their own years of experience and excellent reputations.
Beyond our attorneys, we believe our results speak for themselves. You can check out dozens of the positive outcomes we’ve been able to secure for our clients to get an idea of what may be possible in your case.
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