You can receive probation for manslaughter in Texas, provided you are found guilty of the charge and did not use a deadly weapon. If the jury recommends a punishment of up to ten years in prison and you do not have a prior felony, probation is possible.
You may also be eligible for deferred adjudication for a manslaughter charge. However, probation and deferred adjudication work differently. Always discuss possible outcomes with a San Marcos, TX, criminal defense attorney immediately.
Instead of going to jail, community supervision or parole is designed so the defendant remains in the community, supervised by the court. The time for supervision lasts up to two years for misdemeanors and up to ten years for a felony.
The judge is responsible for imposing parole. For example, requirements may include drug testing and employment related to community service. The most important thing to do is to not get arrested in the interim. Getting charged with another offense may lead to the revocation of the probation, which will lead to jail time.
The offender may spend part of the time in jail for a felony conviction even if they are paroled. In this case, the judge can order up to 180 days of jail time as one of the conditions for parole. That’s why having legal counsel is so crucial when you’re facing a manslaughter charge.
Unlike parole, deferred adjudication, when completed per the court’s guidelines, erases a guilty conviction on an offender’s record.
However, keep in mind that a jury cannot grant a deferred adjudication. So, if you choose to go to trial, deferred adjudication is not a possible punishment.
In this case, the court defers or postpones the adjudication of the manslaughter charge as long community supervision is completed and other conditions, such as drug testing, are completed.
If you do not meet the conditions, the DA may ask the judge to find you guilty of the sentence. In this case, you would have to serve jail time.
Unlike murder, which requires intent, manslaughter is defined as the reckless killing of another person. While the offender is aware that the activity is substantial and unjustified, they disregard this risk.
Therefore, a defendant may not have intended to hurt or kill the victim. As a result, manslaughter can also include dangerous driving, such as colliding into a car driving 20 miles per hour above the speed limit.
Other examples of manslaughter may include the following:
The Texas Penal Code states that manslaughter happens when a person commits an offense where they recklessly cause another person’s death. This charge, according to the law, is a felony in the second degree.
Manslaughter, as a second-degree felony, is punishable by jail time – two to 20 years in length. A maximum fine of up to $10,000 may also be imposed.
A person charged with manslaughter may receive a ruling of parole or deferred adjudication in Texas. For deferred adjudication, the charged litigant must plead guilty or “no contest” (nolo contendere). The judge may defer the sentence, thereby imposing deferred adjudication for up to 10 years.
To receive probation, again, you can’t be found using a deadly weapon during the activity. This ruling can be issued by a judge or a jury. Probation may be allowed if the person has not been previously convicted of a felony.
If a person is sentenced to prison and is allowed parole, they have to serve a quarter of their prison sentence first.
A felony conviction removes your right to vote or own a firearm for five years after you’re released from parole. Even after five years, you may only hold a gun inside your home.
Justification defenses are frequently used to reduce or dismiss a manslaughter charge. For instance, a person may recklessly kill someone if they do so in self-defense. This may happen if the defendant believed they were in imminent danger and used deadly force as necessary.
Do you have questions about a manslaughter charge? If so, you need to obtain legal support. Contact the Mendoza Law Firm now to know if you can get probation for your manslaughter charges in Texas.
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