How can a lawyer help with manslaughter charges?

How a Lawyer Can Help with Manslaughter Charges

Being charged with manslaughter can be an incredibly scary and overwhelming experience. Manslaughter is a serious criminal offense that carries significant penalties, including lengthy prison sentences in some cases. Having an experienced criminal defense lawyer on your side can make all the difference in how your case plays out. Here’s an overview of how a lawyer can help if you or a loved one is facing manslaughter charges:

Understanding the Charges

There are a few different types of manslaughter charges, ranging from voluntary to involuntary manslaughter. The specific charges have important implications for possible defenses and sentences. A lawyer will analyze the facts of your case and the exact charges you face to build the strongest defense.

Guiding You Through the Legal Process

The criminal justice system can be complex and intimidating, especially when facing a serious felony charge like manslaughter. An attorney will advise you on the legal process and options at each stage, including:

• Attending hearings, grand jury proceedings, and the arraignment
• Negotiating with the prosecutor regarding potential plea bargains or reduced charges
• Filing motions objecting to evidence or requesting other court orders
• Preparing for trial by interviewing witnesses, collecting evidence, developing a trial strategy, etc.
• Navigating the sentencing process if convicted

Examining the Evidence

In any criminal case, the evidence against you is critical. An experienced lawyer will thoroughly examine all the evidence collected by police and prosecutors. This may include investigating the crime scene and interviewing witnesses. Your attorney can then determine if the charges are supported by the evidence, or if the evidence is flawed, illegally obtained, or insufficient. Attacking flaws in the prosecution’s case is often key to getting charges reduced or dismissed.

Raising Affirmative Defenses

Beyond poking holes in the prosecution’s case, a lawyer may also raise affirmative defenses that excuse otherwise illegal conduct. For manslaughter charges, common defenses include:

• Self-Defense: Arguing the death occurred while legally defending yourself or others from harm.
• Accident: Making the case that the death was a true accident versus reckless behavior.
• Provocation: Showing the killing occurred in the “heat of passion” after adequate provocation.
• Intoxication: Presenting evidence you were involuntarily intoxicated and unable to form criminal intent.
• Insanity: Demonstrating you suffered from mental disease or defect that made you unable to understand the nature of your conduct.

A skilled attorney knows how to develop and present these defenses in the most compelling light possible.

Negotiating with the Prosecutor

Rather than going to trial, many manslaughter cases get resolved through plea bargaining between the defense lawyer and prosecutor. Your attorney may be able to negotiate with the prosecutor to get charges reduced or even dismissed. For example, a voluntary manslaughter charge might get reduced to involuntary manslaughter. Even if the core charges remain, your lawyer can advocate for a lighter recommended sentence as part of a plea deal.

Obtaining Experts and Investigators

Manslaughter cases often require expert testimony or assistance to challenge technical evidence and establish defenses. For example, a forensic pathologist may be needed to contest the coroner’s report regarding cause of death. Or a crime scene investigator may be retained to take measurements and photographs documenting important details. Your lawyer can secure qualified experts and investigators to strengthen your case.

Guiding You Through Sentencing

If convicted of manslaughter, the punishment can range from probation to years in prison depending on state laws and sentencing guidelines. Your attorney’s advocacy at sentencing can significantly impact the punishment imposed. The lawyer will highlight mitigating factors about you, the circumstances of the offense, and your rehabilitation potential that warrant leniency. For felony convictions, they may also prepare appeals arguing legal errors were made that warrant a new trial or reduced sentence.

Getting Your Story Out

Especially in high-profile cases, your attorney may recommend strategically working with media outlets to get your version of events in front of the public. While judges and juries ultimately decide your fate, media coverage also influences public perception. Your lawyer can assist with press releases, interviews, and other media engagement that helps create a more favorable narrative around the charges against you.

Supporting You and Your Family

Finally, a good lawyer provides moral support and guidance during an enormously stressful time. They can answer your questions, explain what to expect next, and help you and your family members cope with the emotional impact of facing criminal prosecution. Your attorney’s compassion and counsel can be invaluable.

Facing manslaughter charges puts your future at stake. An experienced criminal defense lawyer thoroughly understands the complexities of manslaughter law and prosecution. With an attorney fighting for your rights, you gain the best chance at a just outcome considering the circumstances.

References

Here are some references cited in this article:

• Involuntary Manslaughter Overview
• Homicide, Murder and Manslaughter
• Criminal Law Defenses
• What is an Expert Witness?
• How Sentencing Factors Determine Punishment