Posted on 10/02/2019 2:10:44 PM PDT by conservative98
INVOLUNTARY MANSLAUGHTER IS NOT IN THE LINK!
Murder requires more than simple intent. If you’re in my house illegally, coming at me with a weapon and I kill you, is that murder? Is legally executing someone murder?
You need to read the other Texas statutes. There is more than one that is applicable.
My posts are based on this synopsis of the law as written by a criminal law firm..Medlin law group
I’m not one to just run my mouth ignorant although I’m occasionally wrong and unlike 99% of posters here I admit it and apologize when it’s warranted...you may peruse my bookmarks if you’d like for that
https://www.medlinfirm.com/blog/the-difference-between-manslaughter-and-murder-in-texas/
The Difference Between Manslaughter And Murder In Texas
Blog
When one person dies as a result of another person’s actions, that is always considered a homicide. However, there are various kinds of homicide, not all of which are illegal (i.e. self-defense), with varying degrees of repercussions.
Criminal homicide cases are divided into two different charges: murder and manslaughter.
To help you understand the difference in Texas, we’ve detailed each below:
Murder
Murder charges are further divided based on the severity and other circumstances surrounding the crime. While many states separate murder charges into first and second degree murder, Texas law makes a distinction between “capital murder” and “murder.”
(MONEY SHOT)In order to be charged with murder, the defendant must have knowingly and willingly caused the death of another person. The biggest distinguishing factor between murder and manslaughter involves the intent of the perpetrator. If the defendant intended to cause serious bodily harm or death, or intended to commit a felony other than manslaughter that resulted in death, he or she can be charged with murder.
The distinction between capital murder and murder is made when the killing was committed in a way that can result in capital punishment in Texas. Some of the criteria for capital murder include killing a police officer or firefighter, having been paid to commit murder, murdering someone in prison, or killing more than one person.
With regard to capital murder, obviously, the punishment can result in the execution of the defendant. A defendant who is convicted of capital murder could also be given life in prison without the possibility of parole. A murder charge without capital implications, on the other hand, is a first-degree felony which can result in anywhere from 5 to 99 years in prison and a fine of no more than $10,000.
Several defenses, such as insanity or a crime of passion defense, can result in lesser charges or penalties in murder cases.
Manslaughter
Many states have two different forms of manslaughter: voluntary and involuntary. Texas, however, combines these two charges into one and has enhanced penalties for certain aggravating factors.
To be convicted of manslaughter, a defendant must be proven beyond reasonable doubt to have recklessly caused the death of another person. As opposed to murder, intent does not need to be proven in order to convict someone of manslaughter.
While Texas does not distinguish between voluntary and involuntary manslaughter, it is the only state that has a specific crime known as “intoxication manslaughter,” which is reserved for when a death is caused by someone who was impaired by drugs or alcohol. This charge most often applies to impaired motorists. All manslaughter charges in Texas are second-degree felonies which carry prison sentences of 2 to 20 years and fines up to $10,000. Intoxication manslaughter may also result in minimum sentencing (meaning you must serve a certain period of time before being eligible for parole) and a mandatory 240-800 community services hours.
Both murder and manslaughter are extremely serious crimes in Texas. If you are convicted of these crimes, you could face major prison time and even death, which is why you need an experienced and committed criminal defense lawyer who knows the ins and outs of the Texas criminal justice system. If you are facing manslaughter, intoxication manslaughter, or murder, please call the Medlin Law Firm to discuss your options and what we can do to protect your rights and freedom.
Further
Here Guyger admits she intended to kill the poor fellow when she pulled her pistol and shot him
She sealed her own fate
Lucky she only got ten years considering she took it to trial
A man would have gotten more
And no hugs or bibles
My posts are based on the fact that I’m a Texas attorney. The information in your cut and paste job is incorrect. There is more than just murder and manslaughter. There is also criminally negligent homicide. In addition, the penal code has sections that further define intent and state of mind required for criminal culpability as well as defenses. You can’t read one area and ignore the rest.
She didn’t murder the guy. Period. At worst it was criminally negligent homicide. Even with that, she had some defenses. Had the DA not tried to make this political, she probably would have pled this out.
My posts are based on the fact that I’m a Texas attorney.
Are you a criminal defense attorney?
No, but I have tried a criminal case. I’ve also read the Texas Penal Code, the Code of Criminal Procedure and researched case law interpreting both. And although it has been a while, I had Texas Criminal Procedure in law school taught by a guy who defended the county in criminal appeals.
Have you done any of these things?
Have you done any of these things?
No. Why so defensive? It was as simple question.
I’m not defensive. You posted something from a website that supposedly supports your position. (I wouldn’t hire that firm, btw). I’m simply suggesting that I have direct person knowledge of this.
I’m not defensive.
Yeah, you are.
You posted something from a website that supposedly supports your position.
No, I didn't.
You have me confused with someone else.
Dude, I’m not going to argue with you about stupid stuff. Think what you want. Its absurd to make the argument about me (ad hominem) even if it doesn’t rise to the level of the normal name call, especially when you don’t seem to be familiar with the entire context of what was stated and why it was stated that way.
Do you have some kind of reading comprehension problem?
Read back thru the thread.
And look up ad hominem.
Have a nice day.
My goodness.
Says, “Do you have some kind of reading comprehension problem?”
And then, “look up ad hominem.”
Going to book mark this one. Just too good to waste.
I really hope you aren’t on here pretending to be a conservative.
You need to take a breath and realize that you are arguing with the wrong person.
My first post to you on this thread was as simple question. Are you a criminal defense attorney?
From that, you say I "posted something from a website" and committed an ad hominmem. I did not.
The evidence is right here on this thread.
Seriously now, read the thread. Have some honor.
And that’s analogues? Do they do it with intent to kill them?
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