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Top Houston Criminal Lawyer: Do Not Be Scared To Fight Your Houston TX Intoxication Assault Case

Top Houston Criminal Lawyer: Do Not Be Scared To Fight Your Houston TX Intoxication Assault Case

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Published by: Aleciaugbs on Jan 09, 2013
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Arrested for Intoxication Manslaughter? Avoid Conviction by Hiring theBest Houston Intoxication Manslaughter Attorney
No one truly intends to commit intoxication 
manslaughter. They do not wake up and say “I’m 
going to get drunk tonight and drive and see who 
gets in my way.” 
 Accidents do happen and tragically, someone can die. Mitigating factors are thoroughly checked out such as whether the person broke any traffic laws, was driving with a suspended license, or if  the person was negligent in some way. These are usually tried as misdemeanors. However, if a person is found to be intoxicated or under the influence of something, it is treated in Texas as a second degree felony and the prosecution goes after the person diligently. In intoxication manslaughter cases, the prosecution only has to prove that the driver was indeed, intoxicated. The term of incarceration could be anything from two years to twenty years.If you have been charged with DWI after being in an accident that involved a death, you may be facing very serious charges of intoxication manslaughter.
It is imperative that you speak with Houston Criminal Lawyer Charles 
Johnson as soon as possible after you have  been charged, or think you may be charged.
Attorney Johnson has the experience you can rely on foraggressive and effective defense strategies against the charges. The skilled attorneys at the Charles JohnsonLaw Firm do not believe there is any such thing as being slam-dunk guilty. No matter what the circumstancesof the accident are, your personal story is behind the charges and will make a difference in the outcome of 
your case. We will make sure that the judge and jury know that this isn’t just about an intoxication
manslaughter case. It is about you and your family.Intoxication manslaughter is a Second Degree felony which holds people liable for any death which occursbecause of criminal negligence, or a violation of traffic safety laws. A common use of the vehicularmanslaughter laws involves prosecution for a death caused by driving under the influence (determined
by excessive blood alcohol content levels set by individual U.S. states), although an independent infraction(such as driving with a suspended dr
iver’s license), or negligence, is usually also required.
 Intoxication manslaughter, vehicular manslaughter and other similar offences require a lesser mens rea (Latin
for “guilty mind”. In criminal law, it is viewed as one of the necessary elements of a c
rime) than othermanslaughter offenses. Furthermore, the fact that the defendant is entitled to use the alcohol,
controlled substance, drug, dangerous drug, or other substance, is no defense. For example, in Texas, toprove intoxication manslaughter, it is not necessary to prove the person was negligent in causing the death of another, nor that they unlawfully used the substance that intoxicated them, but only that they wereintoxicated, and operated a motor vehicle, and someone died as a result.
Types of Intoxication Manslaughter
 In Texas, intoxication manslaughter does not only apply to automobile drivers. Individuals may be chargedwith this crime under any of the following circumstances:
If they are operating a car, truck, motorcycle, or any other type of motorized vehicle in a public place
If they are operating a boat, airplane, or amusement park ride
If they assemble an amusement park rideIf the alleged offender has done any of these things while intoxicated, and someone was killed by the vehiclethey were operating or had assembled, they can be convicted of intoxication manslaughter. There is norequirement that the prosecutor prove negligence, that their intoxication was the direct cause of the crash, orthat they were behaving unlawfully by using the substance that caused their intoxication.
Defenses For Intoxication Manslaughter
 Intoxication manslaughter cases should be attacked on two fronts if the case is going to trial. Notwithstandingwhether a person is or is not intoxicated, a good lawyer would examine the Texas Peace Officer collision reportwhich was completed as part of the investigation. Just because a driver may be intoxicated does not meanthat he should be held criminally liable for the death of another.There have been cases where the deceased driver was as much at fault if not more at fault than the accused.Examples could include the deceased having run a red light, the deceased having operated his motor vehicleat night without lights, the deceased also being intoxicated, the deceased merging improperly into traffic, andthe list goes on. A lawyer familiar with crash reconstruction and who has worked with reconstruction expertsshould be able to present this defense if it is available. The issue is one of causation and is set forth in Tex.
Penal Code Section 6.04. In a nutshell, what 6.04 states is that if an accused’s conduct is insufficient in itself 
to cause the result, and the conduct of another contributed to the result and the contributing cause wassufficient to cause the result, the accused cannot be held liable.
A good accident reconstruction expert’s report may convince a prosecutor to agree to probation if causation is
questionable. That in itself may be worth the investment in hiring both a reconstruction expert and a lawyerwho knows how to present such findings.The second line of defense is whether a person is intoxicated. Scientific evidence can be compelling for a jury.However, the State is allowed to rely upon opinion evidence based upon observations such as lack of coordination, blood shot eyes, smell of intoxicants on breath, slurred speech etc. Some of these symptomcould be explained by lack of sleep, allergies, injury, but not all.

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