First an foremost, if you’ve been charged with involuntary manslaughter, get a lawyer immediately and don’t say a word to the authorities. It is true that what you say can and will be held against you in a court of law and sometimes your word might be twisted and used to put you in prison. Lawyer up immediately.
Facing a judge or jury who’s in charge of determining your innocence for the death of another human is nerve-racking and more accurately panic inducing to put it lightly. Everyone knows murdering someone and even accidentally taking another persons life is a crime that could land you in jail forever or in the electric chair, in some states.
Involuntary manslaughter is another form of homicide, but that occurs unintentionally. Involuntary manslaughter is usually charged as a felony offense, but some states allow charging as a misdemeanor when it occurs while committing a misdemeanor crime. One of the most common forms of this crime, such as vehicular manslaughter (when someone dies in an auto accident).
However, there are various other ways you can unintentionally kill someone. In this post, we will uncover what accidental manslaughter is and what you can do if you end up charged with this crime.
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What is Involuntary Manslaughter?
This is a term used to describe a homicide that takes place without the intent to kill, such as with murder. And since the intent is absent, this crime is less serious than a murder charge.
Murder always leads to jail time when the defendant is guilty. However, with manslaughter, there are different degrees or levels of this crime, which determines the severity of the sentencing.
Not everyone who defends themselves in a manslaughter case ends up doing jail time since it depends entirely on the circumstances.
Your best chance is to hire criminal defense attorneys that specialize in manslaughter. The internet makes it easier to find lawyers to represent you. Just make sure that like at Grieco Law Center, the lawyer specializes in criminal law.
Different Types of Involuntary Manslaughter Scenarios
Now, it’s impossible to list every single circumstance that can land you in court for manslaughter. However, the following should still give you a better understanding of what this crime is.
In order for you to be charged with manslaughter, you have to meet three conditions:
- An act you did caused the death;
- The act you did was in disregard for human life or was inherently dangerous; and
- You knew or should’ve known the act endangered human life.
It’s important to note that it’s not just illegal acts that are considered in manslaughter cases. You can be doing something perfectly legal, such as riding a motorcycle or administering medical care.
Manslaughter can occur in these cases when there’s recklessness or negligence. Certain states do have statutes surrounding deaths that occur during low-level crimes, such as misdemeanor theft. In this case, it’s grounds for involuntary manslaughter charges.
Here’s a look a the two main types of accidental manslaughter.
We just mentioned this one with the petty thief. If you’re in the mix of committing a non-violent crime and someone dies accidentally, you can be charged with constructive manslaughter.
One form of this is drinking and driving. You’re breaking DUI laws and at the same time accidentally killing someone you run into while driving intoxicated. You never intended to kill anyone on the way home from the bar, but you did anyway.
In this case, you may be able to eliminate or reduce your jail time by agreeing to go to rehab and AA meetings.
The same goes for the thief – you only went out to take something that didn’t belong to you and end up knocking over an elderly man who passes away from a blow to the head on the way down. While this is less serious than voluntary manslaughter, you can still end up with jail time.
This one is a bit tougher to charge in court because it’s difficult to connect direct casual links to your actions and someone’s death.
For instance, if you’re a nurse or babysitter and they die because you weren’t paying attention for a few moments, then your punishment is significantly less severe.
On the other hand, if you’re driving a car and you hit an intoxicated pedestrian that runs into the street, and they pass away, then you may be guilty of negligent vehicular manslaughter. Yet, you may get out of doing any jail time with the right attorney.
Examples of Involuntary Manslaughter
DUI is the most popular example of this crime because it’s common. Plus, it’s easy to find all three conditions mentioned above to charge the defendant.
For example, you know or should know that driving drunk is a danger to human life. So it’s viewed as you having disregard for human life. It’s the same with illegal street racing.
Then there are other instances of manslaughter, such as the reckless discharge of a firearm. You shoot a gun into a crowded space – while you didn’t aim and intend to kill anyone, it fatally injures someone anyway.
Arguments that lead to fights can also land you in an involuntary manslaughter lawsuit. If you get into a fight and hit your opponent in the head with a knee or object that kills them, then you’re in trouble.
What to Do When You’re Charged with Accidental Manslaughter
Your best bet is to hire a criminal defense attorney that can represent you in your case. There are various defenses you can use to help with the outcome of your case.
For instance, you can prove:
- The act was an accident
- There was no criminal or gross level of negligence
- You were acting in self-defense
- You were wrongfully arrested
Besides these, the right attorney may be able to prove law enforcement didn’t properly follow procedures during your arrest. Or that there isn’t sufficient evidence to convict you of accidental manslaughter.
To avoid the hassle of vehicular manslaughter battle, you must choose a Philadelphia car accident lawyer and be aware of the factors that affect your claim.
Finding a Criminal Defense Attorney
If you’re facing this or another legal battle, then it’s time to start talking to lawyers. The internet is an excellent resource for finding attorneys that specialize in your type of case.
At Halt Lawyer Directory, you can find the right match for your legal issues. Here, you can use our directory to find lawyers in different specialties anywhere in the US.
We’re here to help you get the legal representation you need to potentially win your case. Stop by our website today to get started browsing through our legal directory for getting extraordinary Homicide lawyer support.