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.

Arson in the state of Rhode Island

Although most fires are the result of negligence, old wiring, or simply accidental misfortune, a percentage of them are caused deliberately. The crime of intentionally starting a fire is called "Arson", and involves anyone who knowingly causes, procures, assists, counsels or creates a serious risk of harm to people or property via fire or explosion. The crime of arson is a serious one regardless of whether or not the intention is physical harm to another person, or if the fire involves a structure that isn't used for residential purposes.

1st Degree Arson

First degree arson involves injury or death and may result in a mandatory 20 year prison sentence, with a max of life imprisonment in addition to a $25000 fine. A death or injury is not required in order for a prosecution to charge you with 1st degree arson. Any person that commits arson of an occupied structure which has been inhabited within the past six months of the crime is guilty of arson in the first degree.

2nd Degree Arson

Second degree arson generally involves committing the act within an unoccupied building and doesn't not include death or injury to another individual. Second degree arson is still a very serious crime and may result in no less than five years imprisonment and $3,000-$25000 in fines.

Individuals convicted of Arson may not be subject to any minimum, mandatory sentences if it can be shown that substantial and compelling circumstances exist which justify a modification in sentence. This includes being able to demonstrate that a person is of exceptional character and background and fully cooperates with law enforcement authorities.

Have you been convicted of Arson?

Some states such as Rhode Island treat certain crimes very seriously, and will attempt to prosecute such cases with the most severe sentences possible. If you or a loved one has recently been arrested for Arson in The State of Rhode Island please contact Criminal Defense Attorney John L. Calcagni at (401) 351-5100 for a free consultation now.

Loaded Gun Discharges in Atlanta Airport

If you have been charged with a criminal offense involving a weapon, a felony in RI or MA, or a Federal criminal offense, contact Criminal Defense Attorney John L. Calcagni, at (401) 351-5100 or use the contact form HERE for more information.

Gun in carry-on accidentally discharged at Atlanta checkpoint
By Ben Mutzabaugh

A gun being transported in a passenger's carry-on bag was accidentally fired while it was being inspected by an officer at a screening checkpoint Atlanta's Hartsfield-Jackson International Airport.

The Sunday morning incident began when TSA screeners detected a loaded .22-caliber Magnum revolver in a carry-on bag being taken through the security check-point by passenger Richard Popkin, Reuters reports.

The Atlanta Journal-Constitution writes "while an Atlanta police officer responding to the scene tried to clear the five 'snake' shot bullets – small game pellet ammunition – in the handgun, a shot went off, according to an Atlanta Police incident report obtained from Hartsfield officials."

"I was grazed by a pellet fragment on the left side of my face," the officer says in a report quoted by CNN. "However, there were no visible injuries," the officer adds in the report.

The weapon was said to be pointed down toward a screening table when it discharged, according to CNN .

As for Popkin, CNN quotes the police report as saying he initially intended to put the gun in his checked luggage but decided to remove it because he was afraid it would cause that bag to exceed his airline's weight limit.

Fox 5 TV of Atlanta reports that the 43-year-old Popkin "was transported to the Clayton County Jail" and now "faces a charge of carrying a concealed weapon."

The TSA says the Atlanta incident is just one of more than 1,100 so far this year in which firearms have been discovered at airport security checkpoints across the nation.

And the Atlanta incident comes exactly a week after another man was arrested after he forgot to remove his firearm from his carry-on luggage in Memphis.

Read more HERE

ATF, ICE and Others Bust Firearm Ring with Roots in Mexico

If you have been charged with a firearm or weapons crime, contact criminal defense attorney John L. Calcagni at (401) 351-5100 or use the contact form HERE for more information.

International Firearm Ring Busted
Alexandra Limon
November 9, 2011
An arms trafficking ring with players in Mexico and the U.S. was busted by ATF, ICE and other agencices.

In 2009, 33-year-old Gregorio Salgado Lopez was arrested in Mexico after hew as caught on a bus with more than 50 guns. He paid bail and fled to the U.S.

"Mexican authorities were assisted by atf agents in tracking the firearms to madera," said U.S Attorney, Benjamin B. Wagner.

The Department of Justice says the group bought at least 400 firearms at a local Madera gun shop. The guns are .22 caliber rifles, not typically used by criminals. It appears this operation does not have ties to Mexican drug cartels.

Three suspects were arrested Tuesday, and appeared in court Wednesday. At least two others live in Mexico, they and the others are still at large and probably remain in the Madera area. Including Demetrio Cortez Ordaz, authorities say he was the one who transported the guns to Mexico.

According to ATF, the group purchased more than 400 rifles at Pete's Sport Shop from 2006 to 2009 for the purpose of reselling the guns illegally, in Oaxaca Mexico.

"Right now were showing over six years and there were not that many guns so i have to take issue with their numbers," said Rochelle Noblett, the President of Pete's Sport Shop.

The store and it's employees are not facing any charges. The Department of Justice says Pete's did nothing wrong. Noblett says the number of guns purchased by some of the suspects, did raise a red flag. "Then i called the DOJ in california and i asked them and i was told they can buy as many long guns as they want," said Noblett.

Thisis not believed to be related to Mexican drug cartels.

"They're not the sort of semi automatic assault riffles or other automatic weapons that are typically purchased by members of mexican cartels. and we are not aware of any of these particular rifles being sold to members of the mexican cartels," said Wagner.

ATF says most of the rifles have been recovered.

Law Offices of Calcagni is Moving!

On October 31, 2011, Attorney John L. Calcagni, III will move his Clifford Street Criminal Defense Law Office location to One Custom House Street in Downtown Providence.

The move will provide Attorney Calcagni and his clients with an exclusive office location in Providence’s financial district, and most importantly, only steps from all three courthouses: RI District Court; RI Superior Court; and U.S. District Court for the District of Rhode Island (i.e. Federal Court). The building, commonly referred to as 'The Equitable Building', is a period-correct Historic renovation built in 1872 and one of the first buildings in Providence to use 'cast iron' for its facade. It boasts a very convenient location to restaurants, banks, the RI Attorney General’s Office; the U.S. Attorney’s Office; U.S. Probation Office; and the courthouses.

Attorney Calcagni will move officially on October 31, 2011 and will keep his current phone number of (401) 351-5100. To learn more about Attorney Calcagni, please visit www.CalcagniLaw.com or call him today.

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The Law Office of John L. Calcagni III offers clients representation in the areas of Criminal Defense, Military Defense, Federal Criminal Defense, OUI Defense in MA , and Assault and Battery matters. John L. Calcagni, III is licensed to practice in state and federal courts in the States of Rhode Island, Connecticut, New York, Florida, and the Commonwealth of Massachusetts.

Please call (401) 351-5100 to arrange for a free consultation about your case. If you cannot make it to one of our offices, we will to come to your home or detention center.

Attempted Abduction and Firearm Suspect Released to Mother in Stonington CT

 

If you have been charged with a crime involving a firearm or other dangerous weapon, contact RI Criminal Defense Attorney Calcagni now at (401) 351-5100, by email at jc@calcagnilaw.com or HERE for more information

R.I. judge orders man, charged with attempted abduction, to stay in mother's Stonington home

By Joe Wojtas

Stonington — A local man, who was arrested Saturday by Narragansett, R.I., police in connection with the attempted abduction of a young woman while she was jogging, was released on $20,000 bail today and ordered by a Rhode Island judge to stay with his mother at her home on Lord's Point.

The South County Independent newspaper and other Rhode Island media outlets reported that Matthew B. Klotz, 27, posted $2,000 in cash to secure the bonds. Judge Mary McCaffrey, who set a felony screening for Nov. 29, agreed to let Klotz leave Rhode Island as long as he stayed with his mother at 33 Hopkins St.

He cannot have any contact with the victim and can not possess any firearms. Meanwhile, police in Rhode Island said they are investigating whether Klotz has been stalking other females in Rhode Island over the past year.

Word of his release began to spread through Lord's Point and among local police this afternoon.

Lord's Point is the place where police said, in 2000, that the then-16-year-old Klotz broke into the home of an 88-year-old neighbor in the middle of the night and attempted to sexually assault her.

While Klotz denied the charge, he pleaded guilty to second-degree burglary and received a suspended seven-year prison term and four years probation.

In last weekend's incident, Klotz, 27, was charged with kidnapping, assault with a dangerous weapon and carrying a dangerous weapon while committing a crime of violence.

Police said a 20-year-old woman was near the entrance to the Point Judith (R.I) Country Club around 4 p.m. Friday when a man holding a dark colored firearm, grabbed her from behind and ordered her into his truck.

Narragansett police released the man's description and the next day, an off duty state trooper spotted the truck parked along the side of the road and saw Klotz walking toward it. When the trooper identified himself, Klotz drove off. The trooper followed and called South Kingstown police, who were able to pull over and apprehend Klotz.

The Crime of Armed Robbery

All robberies are felonies, however the addition of a weapon to the existing crime of robbery constitutes what is considered a Class A felony in most jurisdictions, punishable under very harsh sentences.

In prosecuting the crime of armed robbery, although the circumstances of the crime are always taken into account, sentences typically involve prison time. Keeping any previous convictions or charges in mind, an armed robber who is a repeat offender will most certainly be looking at some sort of prison sentence, if not the death penalty in states where it applies.

The circumstances of an armed robbery are likely to be one of the most prevalent mitigating factors in determining a sentence. Whether other crimes were taking place at the same time as the armed robbery; whether an injury or death occurred as a result of the crime; the kind of weapon used, and the severity of the crime are all taken into account for sentencing purposes.

Criminal defense attorneys are well versed in the different laws dealing with armed robbery and can provide you with the best possible defense. As a former military prosecutor in the U.S. Army JAG Corps and Special Assistant U.S. Attorney with the U.S. Department of Justice, John L. Calcagni has a unique understanding of what process the prosecution will follow.

A situation where a death has occurred as a result of an armed robbery, whether or not the perpetrator intended to cause the death, is treated as a murder charge. Felony murder charges do not need to satisfy any intent criteria, merely show that the accused could have reasonably assumed that death would occur as a result of their actions.

If you are being charged with armed robbery, or another felony crime in RI, MA, or at a Federal level, you need experienced legal representation. Contact Mr. Calcagni at (401) 351-5100 or use the contact form HERE for more information.