Involuntary Manslaughter - Almost Murder...

Involuntary manslaughter is the act of killing another human person by doing an unlawful act which is not a felony or a lawful act done in a grossly negligent way. It is also known as criminally negligent homicide or culpable homicide. It counts as a homicide since there is no intention to kill or cause harm or presence of malice aforethought. The death of the other individual is due to recklessness or negligence but not necessarily disregard for human life.

An individual will be charged with involuntary manslaughter when the death of another individual occurs as a direct result of doing an unlawful act in a reckless or grossly negligent manner or the act was lawful but done in a reckless or grossly negligent manner. Involuntary manslaughter is a misdemeanor of the first degree. It is a felony of the second degree if the victim is under twelve years old and is in the care, custody or control of the perpetrator.

There are three elements of involuntary manslaughter:

1. The victim. The court must present that the death of another individual resulted due to the negligent act of the perpetrator.

2. The act. The circumstances which resulted to the death of the victim must be presented as well as the behavior and state of mind of the perpetrator to distinguish recklessness or disregard for human life.

3. Knowledge. The perpetrator knew that such conduct can result to the death or injury of other individuals. The perpetrator had knowledge that presence of such circumstances can have reasonable ground in letting him expect the threats produced by such conduct.

There is unlawful killing of another individual without evidences of premeditation or malice aforethought or an untoward intent to kill the victim. It is not synonymous with murder. The other division is voluntary manslaughter which includes the element of “heat of passion” or association with other felonies. Involuntary manslaughter is the killing of another individual while due to violation of a non-felony like reckless driving or speeding.

What The Law Says

The law provides varying states of criminal culpability with regards to the state of mind of the perpetrator at the time of killing. Involuntary manslaughter is classified as a homicide due to absence of the intent to kill. It is less culpable than murder even if human death still resulted. The act usually is triggered by negligence as evidence by violation of the law and recklessness as evidenced by ignorance of foreseen and known threats to the lives of other individuals.

Involuntary manslaughter will be classified as a class C or D felony if the offender recklessly caused the death of another person, acts with criminal negligence to cause death, caused the death of two or more persons, caused death while having blood alcohol content beyond the maximum provided by laws or caused the death of an individual operating an emergency vehicle.

Penalties For Involuntary Manslaughter

Involuntary manslaughter can be punishable by fines and imprisonment. Fines can range anywhere from $10,000 to $100,000 depending on seriousness, associated misdemeanors and aggravating circumstances. The offender can be imprisoned from twenty four hours to five years with parole and bail privileges. The offender must sufficiently provide evidence in court that malice aforethought and intent to kill was not present.

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