Manslaughter is an allegation of recklessness resulting in death, not intent. When the state overcharges an unintentional death as murder, the recklessness element is where the case is won or lost.
Manslaughter comes from an allegation of recklessness that results in death. It is not an intent crime.
When the state overcharges an unintentional death as murder, the defense turns on examining exactly which facts the prosecution is pointing to as reckless, and holding the state to that standard. Barrera Defense works through the evidence element by element rather than accepting the charge as filed.
Citation: Texas Penal Code §19.04
Degree and classification: Second-degree felony. First-degree only in a narrow scenario added in 2023 involving deaths from damaging critical infrastructure.
Statutory language: A person commits an offense if he recklessly causes the death of an individual.