Many people hold the misconception that homicide and murder are the same thing; but from a legal standpoint, these terms should not be used interchangeably. There are different types of homicide depending on several factors, such as how the homicide was committed, whether it was intended or not, and the circumstances under which it occurred.  The most severe punishments for homicide charges include life imprisonment and the death penalty.

The potential loss of life and liberty should not be left in the hands of inexperienced legal representation.

These cases require an enormous amount of knowledge related to scientific, and factual issues, such as cause and manner of death, and other investigation techniques, as well as legal issues such as defenses, justifications, and mitigating circumstances. Let Sierra Hatley put her experience and knowledge to work for you in these difficult situations. Her unmatched experience at both the state and federal courts can make all the difference when it comes to protecting you from losing your freedom or life. Being investigated for a homicide offense is an issue that cannot wait. Do not ignore the problem and jeopardize your liberty or even your life. 

Types of Homicide in Texas

There are various types of homicide under Texas Law depending on a great array of elements, including how the homicide occurred and whether it was intentional or not. The state of Texas recognizes four different categories of homicide that can result in criminal charges:  capital murder, murder, manslaughter, and criminally negligent homicide.

Capital Murder

Capital Murder is the most serious of homicides. An individual charged with this offense faces either life in prison without the possibility of parole or, even worse, the death penalty.  It requires more than “regular” Murder.  Murder, as discussed below, involves (1) intentionally and/or knowingly causing the death of another, (2) intending to cause serious bodily injury (as opposed to death), or committing an act clearly dangerous to human life that results in death, or (3) intentionally and/or knowingly committing or attempting to commit a felony (other than manslaughter) and, in the course of and in furtherance of the commission or attempt, committing or attempting to commit an act clearly dangerous to human life that causes the death of an individual. With capital murder, you typically have one of these three scenarios and some “aggravating” factor.  For instance, a person commits capital murder if they murder (as described above) a peace officer or fireman acting in their respective capacities, more than one person during the same criminal transaction, or a child (under 10 years of age). Other factors include if the person commits murder for hire or hires another to commit a murder.

Capital Murder Litigation is one of the most complex areas of the law. It requires a considerable amount of experience and, most importantly, knowledge of the law. Sierra Hatley can put her knowledge and experience to work for you.

Murder

In Texas, there is no “first degree” or “second degree” murder. As the saying goes, “In Texas, it’s just good, ol’ fashioned Murder”.  Under Texas law, a person commits murder in one of three ways:  (1) intentionally and/or knowingly causing the death of another, (2) intending to cause serious bodily injury (as opposed to death), and committing an act clearly dangerous to human life that results in death, or (3) intentionally and/or knowingly committing or attempting to commit a felony (other than manslaughter) and, in the course of and in furtherance of the commission or attempt, committing or attempting to commit an act clearly dangerous to human life that causes the death of an individual. A person convicted of murder can be punished with imprisonment anywhere from 5 to 99 years, life in prison and/or up to a $10,000 fine.

Manslaughter

A person commits manslaughter if they recklessly cause the death of another.  In other words, unlike murder, there is no intent to cause death. These types of cases could vary from a case where someone accidentally discharges a gun and kills another person, to cases involving killing another person in a serious car accident where reckless driving or intoxication plays a role. A person convicted of manslaughter could be punished by imprisonment anywhere from 2 to 20 years in prison and/or up to a $10,000 fine.

Criminal Neglect Homicide

What is Criminal Negligence in Texas?

In Texas, it is a crime to cause the death of another by criminal negligence. Criminal negligence is legally viewed as something more than ordinary negligence where a person does something an ordinary person would not do. Criminal negligence involves doing something that is a “gross deviation” from what an ordinary person would do under the circumstances. The problem is that there is no clear line as to what is “doing something different” versus a “gross deviation.” What’s worse is that law enforcement and prosecutors are pushing more and more to say that something as simple as running a stop light or failing to watch out for other vehicles on the road is enough to be considered criminally negligent. 

Jail Time for Criminal Negligence in Texas

A person can find themselves investigated, charged with, and prosecuted for Criminally Negligent Homicide even if they are not drinking and driving. All it takes is one negligent act – talking or texting on a cell phone, playing with the radio, putting makeup on, running a stop sign, speeding, failing to keep a proper lookout for other vehicles on the road – and you can find yourself not just charged with any crime, but a felony offense. At that time the person arrested for criminal negligence, whether it is in Victoria County, Houston or elsewhere in Texas, should look for an expert Texas criminal defense attorney. Criminally Negligent Homicide is considered a fourth-degree felony that carries a punishment of anywhere from 180 days to 2 years in a state jail facility.

A Car or Truck can be Considered a Deadly Weapon in Texas

Law enforcement and prosecutors will then, in addition to charging a person with this offense, allege that a deadly weapon was used: not a gun, not a knife, but the car or truck the person was driving. By doing this, it becomes a third-degree felony and the possible punishment is increased to 2 to 10 years in prison and up to a $10,000 fine. Even worse, it prohibits a judge from giving the person probation.

Defense Attorney Defending Criminal Negligence Charges in Victoria and State of Texas

This is one of the most frightening experiences a person can find themselves in. You may think, “I wasn’t drinking, I wasn’t doing anything bad,” but you can still find yourself arrested and charged with felony criminal negligence in Texas if law enforcement even suspects that you are at fault in causing an accident where someone is killed. For that reason, you need someone with the skill, knowledge, and experience to deal with these types of specialized offenses. You need Attorney Sierra Hatley. Contact Hatley Law today to obtain competent legal advice and representation by calling the Victoria Office at (361) 333-5620.

Felony Murder

As severe are the consequences for Criminally Negligent Homicide, Manslaughter, and Intoxication Manslaughter, sometimes law enforcement finds itself wanting to “go above and beyond” to impose even harsher punishments when a person is killed in a motor vehicle accident under unique circumstances.

Being Charged With Manslaughter After a Car Accident in Texas

Recently, law enforcement and prosecutors have taken advantage of “loopholes” in the law to charge individuals with a specific form of murder, commonly referred to as Felony Murder, when a person causes an accident resulting in death. While murder commonly involves the “intentional and knowing” causing of another person’s death, even if a person is accidentally killed in a motor vehicle accident, if the State of Texas can establish the commission of any of a number of various felonies during the course of the accident, that defendant can find themselves charged with Felony Murder, a first degree felony where the accused faces up to life in prison.

Types of Offenses Resulting in Felony Murder Charges in Texas

These typically involve common felonies like Driving While Intoxicated – 3rd Offense, Evading in a Motor Vehicle, and Unauthorized Use of a Motor Vehicle, but can also involve other not-so-common offenses, particularly involving children, such as Endangering a Child and Driving While Intoxicated with Child Passenger.

Expert Criminal Defense Attorneys Defending Vehicular Homicide Charges

Each one of these offenses requires a strong, effective defense from a Texas Criminal Defense Lawyer with the knowledge and experience with how to handle these cases. 

If you or a loved one is suspected of, arrested, or charged with any of these types of Vehicular Homicides, contact Hatley Law today to obtain competent legal advice and representation by calling the Victoria Office at (361) 333-5620 or complete the contact form below.

Manslaughter

What is Manslaughter in Texas?

When a person’s actions go beyond criminal negligence and are considered “reckless,” and those acts result in a person’s death, a person can find themselves arrested for Manslaughter in Texas. Manslaughter is the act of recklessly causing the death of another. Whether it’s a simple accident involving a firearm or a fistfight gone too far, a person can find themselves charged with Manslaughter. In the context of a motor vehicle accident, it all comes down to whether you are suspected of reckless driving and there is no clear line about what is and is not “reckless”. What is clear is that law enforcement is going to try to discover as many negligent acts to “bump” the charges up as high as possible. If they are able to do so, you could find yourself charged with Vehicular Manslaughter.

Prison Sentence for Manslaughter in Texas | Victoria County | Victoria, Texas

Manslaughter – whether it is Vehicular Manslaughter or regular Manslaughter – is a second degree felony meaning the possible punishment is anywhere from 2 to 20 years in prison and up to a $10,000 fine. Like with Criminally Negligent Homicide, prosecutors will allege that the car or truck the person was driving was a “deadly weapon” making it where, if convicted and sentenced to prison, the person will spend more time in prison before becoming eligible for parole. Likewise, it prohibits a judge from giving the person probation.

Victoria attorney Sierra Hatley has the experience and knowledge needed to help people who find themselves accused of this serious crime critical to preserving your freedom and way of life. If you or someone you know is charged with Manslaughter, contact Hatley Law at (361) 333-5620 or contact us online by completing the form below.

Intoxication Manslaughter is one of the most difficult types of criminal charges to defend against. The consequences are severe for all those involved. Media coverage for this type of offense far exceeds any other type of criminal offense, and various groups like Mothers Against Drunk Driving push hard to see individuals fully prosecuted for this offense of the law. For these reasons, you need an experienced and knowledgeable attorney like Sierra Hatley who understands how this offense is both investigated, prosecuted, and defended.

Intoxication Manslaughter

What is Intoxication Manslaughter in Texas?

Intoxication Manslaughter is different from regular Manslaughter or Vehicular Manslaughter which requires some proof of a reckless act or reckless driving. By operating a motor vehicle in a public place while intoxicated, the law, in effect, presumes that such act is “reckless” in and of itself. Therefore, law enforcement and prosecutors do not need to show any reckless driving.

Will I Go to Jail for Intoxication Manslaughter in Texas?

What the State of Texas must prove, however, is that the person’s intoxication was the cause of the other person’s death. This is a critical component – and valuable source of defense for these types of cases. In other words, just because you are intoxicated and are involved in an accident resulting in a death does not mean a person is automatically guilty of Intoxication Manslaughter. The law requires, and the State of Texas must prove beyond a reasonable doubt, that the intoxication was the reason for the accident.

A good defense to this type of charge requires a comprehensive investigation not just into whether the person is intoxicated, but how the accident occurred. Victoria attorney Sierra Hatley knows what to look for in terms of a proper and thorough investigation and knows how to prepare an effective defense.

Possible Jail Sentence for Intoxication Manslaughter in Texas

Intoxication Manslaughter is a second-degree felony in Texas which carries a possible punishment of 2 to 20 years in prison and up to a $10,000 fine. Where Intoxication Manslaughter varies in terms of punishment from other types of homicide is that the punishment can go beyond that if there are multiple victims. For instance, if two people are killed in one accident, a person can be charged with two counts or charges of Intoxication Manslaughter. If, for instance, that person is convicted and sentenced to 15 years on each case, the law permits a judge to cumulate or “stack” the punishments so that the person can end up with a 30-year prison sentence (15 + 15 = 30). Likewise, if one person is killed and another is seriously injured – resulted in a charge of Intoxication Assault – the punishments for both of those charges can also be added together to exceed the typical 20 year maximum on a second-degree felony.

As with other vehicular homicide offenses, Intoxication Manslaughter prosecutors will often allege that the car or truck the person was driving was a “deadly weapon” making it where, if convicted and sentenced to prison, the person will spend more time in prison before becoming eligible for parole.  Likewise, it prohibits a judge from giving the person probation.

Sierra Hatley of Hatley Law, is an unparalleled resource for persons facing these types of charges.

If you or someone you know is charged with manslaughter while driving intoxicated, contact Hatley Law at (361) 333-5620.

Vehicular Manslaughter

Being involved in a motor vehicle accident is a traumatic occurrence. Being involved in a motor vehicle accident where you are believed to be at fault is even worse. But nothing can prepare a person for the life-changing experience one will go through when another person is killed or seriously injured in an accident and you are suspected of being at fault.

What Happens if I am Involved in an Accident Resulting in a Fatality?

From the outset, law enforcement is going to handle the accident much differently. Instead of pulling over to the side of the road and exchanging information, police officers are going to shut the road down for several hours and try to gather as much evidence from the roadway, witnesses, and most importantly, you.  They are going to ask where you were coming from, what you were doing at the time of the accident, and whether you had been drinking. They are going to ask to look at your cell phone. And, even though you may not be going off in handcuffs that day or night, you can expect that they are planning on filing charges and getting a warrant for your arrest in the future.

DWI and Vehicular Homicide

It is worse if you are suspected of drinking, being intoxicated, or under the influence of drugs. In addition to trying to find out where you were coming from (so they can go to the bar or location to talk to witnesses), how much you had to drink, and how you feel, police officers are going to try and get you to perform field sobriety testing. And you can forget about “do not blow”. Refuse a breath test or blood test and law enforcement is going to take your blood any way, even over your objection, even by using force if necessary.

Experienced Vehicular Manslaughter Attorneys Defending Vehicular Homicide Charges Throughout the State of Texas

If you are suspected of and arrested for driving while intoxicated and someone has been killed or seriously injured, you need an experienced attorney like Sierra Hatley to represent you as soon as possible. She has unparalleled experience and knowledge of how these cases are investigated and prosecuted having worked with the police officers who conduct these specialized investigations. Hatley knows the “in’s” and “out’s” of what is really happening and will provide the most effective representation to individuals suspected and charged with one of these crimes.

Below are the various offenses one could face after being involved in an accident where someone is killed:

·      Criminally Negligent Homicide

·      Manslaughter

·      Intoxication Manslaughter

·      Felony Murder

·      Vehicular Assault

Vehicular Assault

Aggravated Assault, Injury to a Child, Elderly, or Disabled Person, and Intoxication Assault in Texas.

Even if no one is killed in a motor vehicle accident, serious bodily injury or injuries sustained as a result of reckless and/or intoxicated driving can nevertheless results in criminal charges, including felony charges where a person faces prison time.

Even if no one was killed in the accident, a person suspected of merely being “criminally negligent” can also find themselves charged with a number of felony offenses such as Injury to a Child, Elderly, or Disabled Person if one of those individuals in those protected classes suffers bodily injury in a motor vehicle accident.

Charged with Vehicular Assault in Victoria, Texas

Aggravated Assault is defined as intentionally, knowingly, or recklessly causing either (1) serious bodily injury to another, or (2) bodily injury with a deadly weapon. When someone is suspected of reckless driving and causing injuries under either of those two scenarios, a person can find themselves charged with this second-degree felony with a possible punishment ranging from 2 to 20 years in prison and up to a $10,000 fine,

Charged with Intoxication Assault in Victoria, Texas

If intoxicated driving is involved and someone is seriously injured as a result of driving under the influence, the driver faces a third-degree felony charge of Intoxication Assault facing a punishment of 2 to 10 years in prison and up to a $10,000 fine.

Criminal Defense Attorney Sierra Hatley Defending Vehicular Assault Charges

Just like Vehicular Homicides, these offenses resulting only in injuries also need a strong, effective defense from someone with the knowledge and experience on how these cases are investigated, prosecuted, and defended. If you or someone you know is charged with Vehicular Assault, contact Hatley Law at (361) 333-5620 or complete the online form below.