Although the legal definition of “recklessness” is vague, it is certain that it is not enough to have acted without awareness of the risk of death (although such an act might be prosecuted as another offense) – you must have actually known of the risk in order to be convicted of manslaughter.
(i) acted recklessly
(ii) to cause
(iii) the death of another human being (immediate death is not required).
All three of these elements must be established beyond a reasonable doubt – failure to establish even one of them will result in an acquittal.
You cannot escape the charge by showing that you were unaware, for example, that you were driving the wrong way down a one-way street because you were too intoxicated to realize it – your conscious decision to drive while intoxicated is enough to establish the “recklessness” required to convict you. You might have a defense, however, if you can show that your intoxication was involuntary.
Houston DWI and criminal defense attorney Mario Madrid has enjoyed nearly two decades practicing law. He has served as both a prosecutor and a judge, and he is a member of the National College of DUI Defense Attorneys. He is Board Certified by the Texas Board of Legal Specialization in Criminal Law, an honor enjoyed by only about ten percent of Texas criminal defense lawyers. If you have been arrested for manslaughter in the Houston metro area, call Madrid Law, PLLC at 713-903-2657 for a free initial consultation.
Mario Madrid is a dedicated and experienced Houston criminal defense lawyer who also represents clients in Harris County and the surrounding areas of Galveston County, Waller County, Brazoria County, Montgomery County, Liberty County, Chambers County, San Jacinto, and Fort Bend County.
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