Involuntary manslaughter typically involves unintentionally causing the death of another person through negligent or reckless actions. Examples of such actions could include unintentionally causing someone’s death due to illicit practice of medicine, accidental firearm discharge, exposing workers to extreme weather conditions, failing to control a vicious dog, exhibiting criminal negligence during a legal duty, or instances of vehicular manslaughter.
In the majority of jurisdictions, involuntary manslaughter is treated as a felony. Read on to learn more and contact Chambers Law Firm at 714-760-4088 if you have been accused of or charged with any homicide charge.
Decoding Involuntary Manslaughter: 10 Standard Instances
Below are ten typical scenarios where a person could be charged with involuntary manslaughter:
- Killing someone inadvertently while texting and driving.
- Unintentionally causing a death due to excessive speeding or another traffic violation.
- Accidentally causing a death while driving under the influence of alcohol or drugs.
- Unintentionally killing someone during an argument by accidentally discharging a firearm.
- Inadvertently causing death due to incorrect medication prescription.
- Accidentally killing someone while practicing medicine without a valid license.
- Forcing workers to work in extreme weather conditions leading to death.
- Failing to control a dog with a known history of aggression, leading to a fatal attack.
- Accidentally causing death while committing a minor criminal offense, such as petty theft.
- Performing a legal duty with criminal negligence leading to death, such as a nurse neglecting a vulnerable patient.
In all these instances, it’s essential to engage the services of an experienced criminal defense attorney from a well-regarded law firm.
Involuntary Manslaughter – A Comprehensive Definition
Involuntary manslaughter generally refers to the unintentional killing of another individual. However, the precise legal definitions may vary across jurisdictions, with some using terms such as ‘negligent homicide’ for similar offenses. Many states have separate provisions for vehicular manslaughter.
Examining Laws across Different States
Most state laws, similar to California’s, require proof that the defendant committed a criminal or unlawful act or performed a lawful act unlawfully, acted with criminal negligence, and those actions led to the death of another person.
In contrast, Colorado does not differentiate between voluntary and involuntary manslaughter. Instead, any act of reckless behavior leading to another person’s death is treated as manslaughter. The crime of causing death through criminal negligence is treated separately.
New York, meanwhile, divides manslaughter into degrees rather than assessing the voluntariness of the act. Vehicular manslaughter, or vehicular homicide, is a separate offense in California, Colorado, and New York.
Penalties for Involuntary Manslaughter
Involuntary manslaughter is generally classified as a felony, carrying a minimum prison term of two years. However, the exact sentencing varies depending on the state, the nature of the manslaughter, and any extenuating circumstances.
In California, penalties for involuntary manslaughter include 2 to 4 years in prison, up to $10,000 in fines, and a strike under California’s Three Strikes Law, if the killing involved a dangerous or deadly weapon. Other consequences may include felony probation, a serious criminal record, social stigmatization, mandatory substance abuse treatment, and counseling. Civil liabilities, such as a wrongful death claim by the victim’s family, are also common.
Distinguishing between Voluntary and Involuntary Manslaughter
Involuntary manslaughter differs from voluntary manslaughter primarily in the intent behind the act. Involuntary manslaughter occurs when the death is accidental, while voluntary manslaughter involves an intentional, though not premeditated, killing. Contact Chambers Law Firm at 714-760-4088 if you have been charged with any of these crimes.
