What to Expect If Charged with Involuntary Manslaughter

What to Expect If Charged with Involuntary Manslaughter

Being charged with involuntary manslaughter can be an incredibly stressful and frightening experience. As someone who is facing this situation, it’s important to understand what involuntary manslaughter is, what the legal process looks like, and what your options are. This article will walk through the key things you need to know if you have been charged with involuntary manslaughter.

What is Involuntary Manslaughter?

Involuntary manslaughter is a criminal charge that means you unintentionally caused the death of another person through reckless actions or criminal negligence. It’s different from murder charges because you did not intend to kill the victim. However, your actions were still dangerous enough that they resulted in someone’s death.

Some examples of involuntary manslaughter would be:

• Causing a deadly car accident because you were texting while driving
• Accidentally shooting someone because you were recklessly playing with a gun
• Giving someone an illegal drug that then causes an overdose

In each of these cases, you did not mean for the person to die. But your reckless choices still made you criminally responsible for their death.

What Will the Legal Process Look Like?

If you have been charged with involuntary manslaughter, you can expect the following steps in the legal process:

1. Arrest: The police will place you under arrest if they believe there is probable cause you committed involuntary manslaughter. You will be fingerprinted, photographed, and held in jail until you can go before a judge.
2. Charging decision: The prosecutor will review the evidence and decide what specific charges to file against you. For involuntary manslaughter, this will likely be under your state’s criminal negligence or reckless endangerment laws.
3. First court appearance: Within 24-48 hours of your arrest, you will appear before a judge who will inform you of the charges against you. This judge will also make decisions about setting bail or releasing you on your own recognizance.
4. Preliminary hearing: For felonies like involuntary manslaughter, there will be a preliminary hearing where the prosecutor presents some evidence to show there is probable cause to move forward. Your defense attorney can cross-examine witnesses at this stage.
5. Plea bargaining: Your lawyer may negotiate a plea bargain with the prosecutor where you plead guilty to a lesser charge in exchange for a lighter sentence.
6. Trial: If no plea agreement is reached, your case would go to trial before a judge or jury. The prosecutor bears the burden of proving beyond a reasonable doubt you are guilty.
7. Sentencing: If found guilty, the judge will impose a sentence based on factors like your criminal history and state sentencing guidelines. Involuntary manslaughter sentences are typically 1-4 years in prison.

It’s important to remember the legal process can often take many months to resolve. Be prepared for your case to take time as your lawyer navigates each stage.

What Are the Possible Defenses?

There are several legal defenses that your criminal defense lawyer may use to fight an involuntary manslaughter charge, such as:

• No criminal negligence – Arguing that your actions did not meet the standard for criminal negligence or recklessness required for involuntary manslaughter.
• Self-defense – Claiming you accidentally killed someone while legally defending yourself or others.
• Lack of causation – Saying that your actions did not directly cause the victim’s death.
• Diminished capacity – Arguing you lacked the mental state to act negligently or recklessly due to mental illness, intoxication, etc.

An experienced criminal defense lawyer will evaluate the facts of your specific case to determine the best defense strategies to pursue. Having a strong defense could lead to reduced charges or even an acquittal.

What Are the Potential Penalties?

If convicted of involuntary manslaughter, some of the potential penalties you face include:

• Prison time – Sentences range widely but are typically 1-4 years in state prison.
• Fines – Up to $10,000 in most states.
• Probation – May serve some or all sentence on supervised probation.
• Restitution – Pay compensation to the victim’s family for costs like medical bills or funeral expenses.
• Civil lawsuit – The victim’s family may file a wrongful death lawsuit seeking damages.

The penalties can be harsh, especially with the possibility of years in prison. That is why building an aggressive legal defense against the charges is so crucial.

Should You Accept a Plea Bargain?

Many involuntary manslaughter cases end with plea bargains rather than going to trial. With a plea bargain, you plead guilty to a lesser charge in exchange for a lighter sentence. This avoids the risk of losing at trial and getting the maximum penalty. There are pros and cons to consider when deciding whether to accept a plea offer:

Potential Pros:

• Lesser charges – Plead down to misdemeanor negligent homicide or reckless endangerment.
• Lighter sentence – Sentences may be only weeks or months with a plea.
• Avoid trial – Guarantees no prison time if found guilty at trial.
• Save costs – Plea deals resolve cases faster and save legal expenses.

Potential Cons:

• Admit guilt – Must admit responsibility for the death, even unintentionally.
• Have criminal record – Plea will still give you a criminal conviction.
• Weak evidence – Prosecutors may offer plea deals when their case is weak.
• Trial acquittals – About 1 in 3 involuntary manslaughter cases ends in not guilty verdicts at trial.

Overall, whether to accept a plea requires balancing the guaranteed benefits against the chance of winning at trial. Your lawyer will help weigh these factors as plea negotiations advance.

How Can an Attorney Help?

Having an experienced criminal defense attorney is crucial for navigating the legal process and fighting involuntary manslaughter charges. An attorney can help by:

• Conducting an independent investigation of what happened.
• Identifying weaknesses in the prosecutor’s case.
• Negotiating for dismissal or reduced charges.
• Developing defense strategies to win at trial.
• Argue for minimal penalties if convicted.
• Guide you through the complex legal system.

Hiring a lawyer provides you the best chance at the most favorable outcome. They have the skills and knowledge to protect your rights at every stage.

What Should You Do Now?

Here are some steps to take if you or a loved one has been charged with involuntary manslaughter:

1. Remain silent and only speak to your lawyer about the case.
2. Hire an experienced criminal defense lawyer right away.
3. Follow your lawyer’s advice about the legal process and defense strategies.
4. Avoid discussing the incident or charges on social media.
5. Ask your lawyer questions to understand the legal options.
6. Seek emotional support from family and friends.

Facing involuntary manslaughter charges is frightening. But having the right legal defense can help lead to the best possible resolution. Learn your options, hire a lawyer you trust, and let them handle the legal details while you focus on getting support.

The Bottom Line

Involuntary manslaughter is a serious criminal charge carrying substantial penalties. But an experienced criminal defense lawyer can argue against reckless negligence, build defenses, and negotiate reduced charges or sentences. Take steps now to protect your rights. And know that many options exist to resolve your case short of a maximum prison sentence.

References

https://criminal.findlaw.com/criminal-charges/involuntary-manslaughter-overview.html

https://www.nolo.com/legal-encyclopedia/homicide-murder-manslaughter-32637-2.html

https://bjs.ojp.gov/content/pub/pdf/fssc05.pdf