Involuntary manslaughter is a misdemeanor or felony crime that refers to an unintentional killing. For example, if a driver is speeding on the road and hits another car, killing the motorist, this can be termed involuntary manslaughter. Sometimes, the charge is categorized as a low-level felony, but other times it can result in a misdemeanor charge.
Normally, this depends on the circumstances of the accident and the negligence of the defendant. A crime will be charged as voluntary manslaughter if an individual killed the driver purposefully. Manslaughter is a lesser charge than murder, which is normally the pre-plotted intent to kill. Manslaughter can be a decision made in a moment of anger or a killing that was not premeditated.
There are three elements that need to be satisfied to convict a defendant of involuntary manslaughter. If the court finds that the crime does not qualify on all levels, then the defendant will be released from the case. In order to have a manslaughter case, the prosecution will need to prove that someone was indeed killed as a result of the action by the defendant. Defense attorneys can dispute this fact if the victim did not actually die, or if the victim died as a result of outside circumstances.
For example, if a defendant hit a pedestrian, but he then went into cardiac arrest and died, the defense attorney may be able to argue that another victim would not have died in the crash. Also, if a victim dies because he or she stepped into harm's way, then it may be argued that the victim was not safe and that the situation was an accident. If the victim is in a coma, or died later in the hospital due to sustained injuries, then there may be room for negotiation. For example, the victim may have lived had it not been for medical negligence at the hospital. In this case, the defendant may not be held responsible for manslaughter.
The prosecution also needs to prove that an act was either inherently dangerous to others or done with reckless disregard for human life. A DUI is normally considered inherently dangerous, or wielding a dangerous weapon in a crowd of people. If the defense attorney can prove that an individual was not acting recklessly, then this may be a reason to prove that the defendant is innocent. The prosecution also needs to prove that the defendant knew or should have known that his or her conduct could threaten other's lives. If a defendant is mentally incapacitated, then the case may be dismissed based on this requirement.
There are some common defenses to involuntary manslaughter that defense attorneys tend to use when they are appropriate. Sometimes attorneys can argue that the case was an accident and was completely unintentional. The attorney will need to prove that the accident happened without any recklessness or negligence. Also, defendants can argue that the manslaughter was in self-defense and therefore shouldn't be punished. If a person was trying to protect himself or herself when the death happened, then this is normally permitted by law and the charges will be dismissed. The deefnese team can also argue that the prosecution has insufficient evidence to prove involuntary manslaughter.
Most involuntary manslaughter charges come in car accidents, but there are times that others are charged with the crime as well. For example, if a ride supervisor fails to make sure that all individuals are strapped in, or if an employer does not regularly check on employees and remove them from dangerous situations, these may be cases where involuntary manslaughter charges are appropriate. Involuntary manslaughter is different from murder because there was no malice aforethought in manslaughter cases.
