Understanding A Manslaughter Charge

 

In most states, manslaughter is distinctly defined as the unlawful killing of another human being with no implied intention to do harm, and lacks premeditation malice or an intent to kill. Manslaughter is not considered a lesser degree of murder, however it does yield less severe legal consequences, and lacks intent, or the aforementioned malice. There are many ways in which manslaughter occurs such as drunk driving, texting while driving, and various other careless acts that result in a human fatality (Involuntary Manslaughter).

Voluntary Manslaughter

Voluntary Manslaughter is less common than manslaughter, and refers to the intentional killing of another human being based on what the United States government considers "reasonable circumstances", which mitigate, but do not excuse the crime. Most references to Voluntary Manslaughter include the term "self defense" which basically means killing another human being as a last resort in an attempt to prevent them from harming you. Most states are reasonably lenient in regard to those facing a voluntary manslaughter charge provided an individual can provide enough evidence to justify the act.

Involuntary Manslaughter

Involuntary Manslaughter is often behind the bulk of fatal auto accident statistics and usually includes DUI's, deaths as a result of illegal substances combined with heavy machinery, texting while driving, or careless and intoxicated use of firearms. Contrary to popular belief, the use of intoxicating substances are not required to be charged with Involuntary manslaughter, and instead emphasizes on a state of carelessness as the key factor.

Criminally Negligent Manslaughter

Although very similar to Involuntary Manslaughter, Criminally Negligent Manslaughter is essentially a homicide which has resulted from a failure to act in a situation where an individual had the ability to prevent it. This could be as simple as preventing a child abuse death when the abuse occurred before someone who failed to intervene, or report it. Another example might be a failure to perform ones duty, such as a police officer or a fire fighter intentionally failing to respond to a distress call.

Have you been charged with Manslaughter?

There are many other forms of manslaughter, and it is very possible that poor circumstances, genuine mistakes, and even wrongful accusations can cause anyone, anywhere to be faced with them. If you or a loved one has recently been arrested for manslaughter and are facing charges in the state of Rhode Island an experienced criminal defense attorney immediately.