Find Laws Find Lawyers Free Legal Forms USA State Laws
Home » Find Laws » Criminal Laws » Involuntary Manslaughter » Involuntary Manslaughter

Involuntary Manslaughter

Involuntary Manslaughter

What is Involuntary Manslaughter?

Involuntary Manslaughter is defined as a type of manslaughter, which results in the untimely death of an individual as a result of the actions of another individual. Eponymously, Involuntary Manslaughter can be classified by the lack of intent within the event of death suffered by the victim. Involuntary Manslaughter retains the least amount of culpability with regard to any manslaughter or murder charge as a result of the accidental or non-deliberate nature of the crime.

Involuntary Manslaughter vs. Murder

Although both murder and Involuntary Manslaughter include the premature termination of a life, the notion of intent is the primary differentiation between the two crimes in question. Murder retains the inclusion of malice aforethought or intent, while Involuntary Manslaughter occurs unknowingly, accidentally, and without premeditation.

Criminal Law vs. Civil Law: Involuntary Manslaughter

Individuals arrested on charges of Involuntary Manslaughter should be made aware that in the event that an acquittal takes place within a criminal court, the case can be retried by the plaintiff in a civil court. Although civil law and criminal law with respect to Involuntary Manslaughter allegations differ, the primary difference is the compensatory measures that present themselves in the event of a guilty verdict.

While criminal law verdicts can impose penalties including punitive recourse and incarceration, guilty verdicts in the scope of civil law can only render financial and monetary restitution. Involuntary Manslaughter tried within a civil court is considered to be a Wrongful Death lawsuit.
Involuntary Manslaughter Offense Profile

1. Legal Jurisdiction: Criminal Law
2. Type of Crime: Typically a Felony Charge
3. Criminal Code: Varies upon the location of the crime, including the applicable country, nation, state, or province
4. Range of Punishment(s): Fines, probation, associated penalties, or incarceration – varies upon case details
5. Duration of Punishment(s): Varies upon case details
6. Applicable Punishment(s): Varies upon individual intent, criminal record, criminal history, and the victim(s) involved. In the event that an individual kills another individual as a result of driving under the influence of illegal drugs or alcohol, they can be subject to the loss of license and mandatory drug or alcohol treatment in conjunction with an Involuntary Manslaughter charge.

Involuntary Manslaughter Allegations: Terminology and Associated Offenses

The following are commonly associated with charges of Involuntary Manslaughter:

a. Murder: The killing of another individual classified by the premeditated, planned, and methodical nature of the killing in question.
b. Voluntary Manslaughter: The termination of a life of an individual in which there was no premeditation, but the individual charged with Voluntary Manslaughter acted willfully and purposefully.
c. Intent: Intent is legally defined as the intended result for which one hopes as a result of any individual actions or activity. In the event of an Involuntary Manslaughter charge, the prosecuting attorney is responsible to prove that suspect acted knowingly and deliberately in their respective actions resulting in the death of the victim(s) involved.
d. Premeditation: The act of planning or forethought with regard to a crime.
e. Wrongful Death: The analogous charge of Involuntary Manslaughter in a civil court.

Arrest Process for Involuntary Manslaughter

Individuals who have been served documentation in the form of an arrest warrant displaying an Involuntary Manslaughter charge, or have already been arrested by law enforcement agents, are encouraged to cooperate with the arresting officers regardless of personal belief with regard to the charges. Individuals under arrest will be given the opportunity to consult with legal specialists subsequent to the arrest process. Resisting or fleeing from an Involuntary Manslaughter arrest can result in harm, injury, and additional penalties. Upon arrest, an individual should be made aware of the following in order to prevent any further complication(s):

• Habeas Corpus
• Due Process
• The Presumption of Innocence.

Upon the arrest for an Involuntary Manslaughter charge, this is the standard arrest protocol that must be upheld by any and all arresting officers. Miranda Rights include the Fifth Amendment, which states that an individual retains the right to remain silent in order to avoid incriminating themselves. This is also known as ‘pleading the Fifth’. In addition, Miranda Rights also guarantee the following rights with regard to an arrest:

a. The right to remain silent
b. The right for any words spoken during the arrest to be admissible during a trial
c. The right to consult with an attorney regardless of financial stature
d. The acknowledgement that the individual arrested for the Involuntary Manslaughter charge understands the aforementioned rights.

The Preparation of an Involuntary Manslaughter Defense

Individuals are encouraged to consult with attorneys specializing in criminal law and, if possible, Those who focus on Involuntary Manslaughter legality, criminal law, and defense. In the construction of a defense, the individual may be asked to provide the nature of the Involuntary Manslaughter in question, any included threats, the biographical information with regard to any and all victims, any previous arrests and/or convictions, evidence and witness testimony, full account of the details surrounding the event in question, and the arrangement for bail or bond

NEXT: Voluntary Manslaughter

Related Articles

Link To This Page



Voluntary Manslaughter Voluntary Manslaughter