Legal Question in Criminal Law in Texas

Here are the times for murder offenses

criminally negligent homicide - State Jail Felony 180 days to 2 years in a state jail

manslaughter - 2nd degree felony 2- 20 in prison

First Degree Murder - 1st degree felony 5 - 99 years/life in prison

Capital Murder - Death or life in prison

Except for capital murder each of the foregoing involve an optional fine of up to $10,000.

There is no fine for Capital Murder

Second degree murder is the reckless causing of the death of another

Criminally negligent homicide is causing the death of another by criminal negligence.

Reckless means that the defendant is aware of or consciously disregards a substantial or unjustifiable risk that the result will occur. The risk must be one that its disregard is a gross deviation from the standard of care that the an ordinary person would exercise as viewed from the defendant's standpoint.

Criminal Negligence is almost the same except that there is no requirement for actual awareness or disregard. Instead, the risk only need be one that the defendant should have been aware of.

From the facts you provided this sounds more like criminally negligent homicide. However the state is not using your version of the facts to craft its charge.

Felonies can be enhanced by prior convictions as a repeat offender or a habitual offender.

A single prior felony can be used to enhance a state jail felony to 2-20 year or a second degree felony to 5 - 99 years/life The forgoing enhancement is as a repeat offender.

Two prior felonies enhance as a habitual offender and can further increase the range of punishment. So if your brother has two prior felonies things could get worse.

It sounds like the real issue is whether your brother was reckless or just criminally negligent or whether the risk of mother trying to stop the fight with her son and his drunken grandfather is one that your brother should have been aware of to begin with..

It is possible that the DA is charging as high as possible to increase the risk of loss at trial and increase the likelihood of a plea bargain.

An important issue is whether your brother will be eligible for probation. Murder and Capital murder are not while Manslaughter and criminally negligent homicide are. Your brother also needs to know about his parole options if he is incarcerated.

It is your brother's decision to decide whether to accept a plea bargain or to try the case. He needs an experienced attorney helping him out.