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Misdemeanor manslaughter is a homicide committed during a non-felony crime. This rule allows prosecutors to charge someone for a killing done during the commission of a crime with involuntary murder.
A murder charge requires a person commit homicide with malice. Homicide is simply the killing of a human being. Malice is intent. It could be intent to kill, causing serious bodily harm, a disregard for human life or Felony Murder Rule. All those requirements are missing when homicide occurs during a misdemeanor crime.
A person died, but there was no intent to cause the death.
Types of Misdemeanor
A non-felony crime is commonly referred to as a misdemeanor. It is less serious than a felony with a penalty of jail time. The following are the types of non-felony crimes:
- Disorder conduct
- Driving while under the influence. It is only a misdemeanor with no aggravating circumstances.
- Simple assault
- Domestic violence
What Is Involuntary Manslaughter?
Involuntary manslaughter is the unintentional killing of a human being. The homicide is done because of the defendant’s criminal negligence or recklessness.
The elements of involuntary manslaughter are:
- A person was killed because of the defendant’s actions
- The defendant’s actions was done with recklessness or negligence
- The defendant knew or should have known her actions would cause harm to others
Should I Talk to an Attorney about an Involuntary Murder charge?
Although it is not a murder charge, a manslaughter charge is still a serious crime. Penalties include jail time. Yes, talking about your case with a criminal defense lawyer is helpful when building a defense to a charge like this.
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Last Modified: 11-14-2016 10:45 PM PST
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