Nevada Involuntary Manslaughter Lawyers

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 What Is Voluntary Manslaughter?

The unlawful killing of a person committed with some sort of recklessness or contempt for human life is known as voluntary manslaughter.

The person may kill someone out of pure passion, uncontrollable wrath, or another form of uncontrollable impulse. In Nevada, a voluntary manslaughter conviction carries a term of one to ten years in jail and/or a fine of up to $10,000.

One of the charges that a defendant may face under the criminal offense of homicide is the legal phrase “voluntary manslaughter.” Despite involving the death of another person, it is regarded as a less serious felony than being accused of murder.

This is mostly due to the requirement that a defendant has the intent (i.e., malice aforethought) to kill or seriously hurt another person in order to be charged with murder. If a defendant is found guilty of voluntary manslaughter, on the other hand, it indicates that they did not intend to kill.

Instead, instances of voluntary manslaughter typically occur in the following ways:

  • The murder was carried out in a “sudden fit of wrath” or “hot of passion” moment: For instance, if the defendant comes home to discover their spouse having a sexual relationship with another person and takes swift action, either the spouse or another person dies.
  • In an instance where the defendant used shoddy self-defense: For instance, if the defendant genuinely fears being shot at or hurt by someone pursuing them while brandishing a hot pink water gun, they may respond by fighting back.
  • When committing a crime, like a kidnapping or grand larceny: Usually, a state’s laws will specify which crimes qualify.
  • The murder charge against a defendant may also be reduced to voluntary manslaughter, and as a result, the offender will receive a lighter punishment: This occurs when a defendant who was previously accused of murder shows that the incident’s circumstances did not fulfill the criteria for murder and that the accusation should instead be reduced to voluntary manslaughter.

Additionally, the crime of involuntary manslaughter is connected to voluntary manslaughter. Involuntary manslaughter is a less serious crime than voluntary manslaughter, despite the fact that both are classified as a form of homicide.

Last but not least, it’s critical to remember that even if voluntary manslaughter is considered a less serious crime by the law, it is still a very terrible crime. Therefore, you should contact a criminal defense attorney immediately if you are accused of committing voluntary manslaughter.

Do Voluntary Manslaughter Defenses Exist?

Whether the defendant was provoked is one of the crucial factors in cases of voluntary manslaughter. Provocation can be used to get a murder accusation dropped and manslaughter instead charged.

For instance, in the first section’s “heat of passion” example, the defendant would have to prove that their ensuing wrath “provoked” them into attacking their spouse or another person.

When a defendant raises the provocation defense, additional factors will be taken into account, such as:

  • The question of whether the murder took place soon after the provocation;
  • Whether the defendant had already cooled off or not;
  • Whether a reasonable person would have typically cooled off during that same time period; and
  • Whether or not a reasonable person would have reacted similarly to the defendant in the given situation.

Therefore, the provocation defense may be effective for the offender during their criminal trial, for instance, if a reasonable person would not have calmed down within the same time frame and under the same or similar conditions.

However, it is not clear how long is sufficient for “cooling off.” The courts have never resolved whether 10 minutes or 5 minutes are sufficient. Instead, they will consider all of the available information before making a decision.

Involuntary Manslaughter: What Is It?

In Nevada, the unintentional killing of a person is referred to as involuntary manslaughter. Those responsible for the homicide were:

  • Had no desire to murder the victim
  • Killed the victim while carrying out a legal or illegal non-felony conduct that may have killed the victim but didn’t necessarily do so

It is crucial to keep in mind that not all of the defendant’s conduct has to be inherently risky for this particular criterion to be satisfied. As an illustration, consider how building scaffolding during construction is quite common in those situations.

However, the scaffolding supervisor may face criminal charges for involuntary manslaughter if the scaffolding was not securely secured and a pedestrian was killed as a result of the loose scaffolding while they were strolling below.

Based on the particular factual circumstances of your case, particular aggravating elements will be determined. The evidence of your prior record, particularly if it involves a similar violation, the number of victims, your link to the deceased, and any cruelty that was used in the commission of the crime are additional examples of the most frequent aggravating elements that courts take into account.

The court may impose a lighter sentence based on mitigating circumstances, such as the defendant’s mental state and any comparatively insignificant role they played in the commission of the crime.

What Are the Differences Between Voluntary and Involuntary Manslaughter?

As was already mentioned, voluntary and involuntary manslaughter are both lower offenses that fall under the category of homicide. Additionally, both lack the component of intent (as opposed to murder, which requires it).

Unintentional manslaughter, on the other hand, takes place when a defendant commits a crime that is less serious than a felony, such as a misdemeanor larceny, and it results in death. This is one of the primary distinctions between the two crimes.

In other words, voluntary manslaughter is not always accidental, but involuntary manslaughter typically involves accidental behavior. Additionally, the defendant in a voluntary manslaughter case frequently acts after being prompted. Contrarily, in the case of involuntary manslaughter, the offender does a risky act of their own free will, such as murdering a person in a drunk driving accident.

Is Involuntary Manslaughter in Nevada the Same as Excusable Homicide by Misadventure?

No. Involuntary manslaughter refers to when someone kills another person without intending to.

When a person performs a permissible conduct, like working, without negligence, it is considered excusable homicide by misadventure. As an illustration, a person is using an ax. An individual is killed when the ax’s top slips off and strikes them. Their demise was neither premeditated nor the outcome of carelessness or recklessness on the part of the person.

What Is Involuntary Manslaughter Punishment?

In Nevada, involuntary manslaughter is a Category D felony. State prison time of between 19 months and four years is the penalty for this crime.

Can My Charge of Voluntary Manslaughter be Changed to a Charge of Involuntary Manslaughter?

It could be conceivable, but you should see a lawyer about that since it would rely on the particulars of your allegation. Additionally, prosecutors and defense attorneys typically discuss any plea agreements or charges that have been reduced.

Do I Need an Attorney?

An involuntary manslaughter charge is a criminal homicide charge; therefore, you’ll probably need help to defend yourself effectively.

In a case involving involuntary manslaughter, it is essential to have a Nevada criminal attorney on your side. Use LegalMatch to find the right lawyer for your needs today.

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