Charlotte Criminal Lawyer Blog
Defending Manslaughter Charges
Manslaughter is the killing of another person without forethought or malice. It differs from the charge of murder in that murder is the killing of another person with intent. There are several types of manslaughter charges that might apply. Although manslaughter is generally a felony, the penalties are usually less severe than the penalties for a murder conviction. If you have been charged with manslaughter, you will want to vigorously defend the charges to seek an acquittal or the lowest sentence possible. A knowledgeable criminal defense attorney will guide you through the legal process.
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Manslaughter Charges
Manslaughter is a serious charge, but it is less serious than a charge of homicide. What makes manslaughter different from homicide is malice. All manslaughter charges are similar to each other but have differences as well as different penalties.
- Voluntary Manslaughter
Voluntary manslaughter is the killing of another person, but the defendant did not intend to do so. One common example of voluntary manslaughter occurs with a crime of passion. The defendant did not pre-plan the incident and did not intend to kill someone. Generally, voluntary manslaughter is a Class D felony with a possible sentence of up to 40 years in prison, along with fines and other penalties if convicted.
- Involuntary Manslaughter
Involuntary manslaughter, while similar to voluntary manslaughter, occurs when a criminal or negligent act results in the death of another. Again, the defendant did not intend to kill someone, but the death occurred as a result of his or her actions. Involuntary manslaughter may happen during the commission of another crime. Involuntary manslaughter is a Class F felony and could result in a sentence of up to 20 years in prison, among other penalties.
- Vehicular Manslaughter
Vehicular manslaughter is a type of involuntary manslaughter that happens when someone kills another person as the result of negligence in a motor vehicle accident. Negligence means that the driver failed to take proper care while operating the vehicle, and the negligent actions caused someone’s death. Negligence may happen due to speeding, driving while impaired, or distracted driving, among others. Vehicular manslaughter may be a misdemeanor or felony.
Defending Manslaughter Charges
The stakes are quite high if you are convicted of manslaughter charges. Therefore, you will want to work hard to defend these charges. Sometimes, manslaughter may be just one of several charges that you may be facing. There are various ways to defend manslaughter charges, depending on the specific circumstances. It is important not to answer questions from law enforcement or make a statement until your attorney is present. Self-defense may be a viable defense to manslaughter charges. In some cases, murder charges could be reduced to manslaughter if the evidence does not show that you intended to kill someone.
All types of manslaughter charges can result in lengthy sentences if you are found guilty. An experienced criminal defense attorney will answer your questions and vigorously defend the charges. Contact our legal team at Arnold & Smith, PLLC, at (704) 370-2828 to schedule a consultation today.
The criminal defense attorneys at Arnold & Smith, PLLC make it their mission to zealously defend their clients on a wide range of criminal matters at both the state and federal levels. These matters may include any charge from traffic offenses; DWI/DUI; drug charges (from simple possession to possession with intent to distribute and trafficking); gun permit denials; weapons offenses; and property crimes (larceny, breaking and entering, robbery, fraud, embezzlement, white collar offenses); to sexually related offenses (indecent exposure; sexual assault, crimes against nature, removal from sex offender registry); and violent crimes (domestic violence; assault; manslaughter; homicide, murder). Other legal issues that Arnold & Smith, PLLC criminal clients may be facing include restraining orders, restraining order and probation violations, expungements; appeals; and immigration issues related to criminal charges. Our criminal defense attorneys are passionate about ensuring that individuals empower themselves by being informed about their constitutional rights, and stand at the ready to fight in the defense of those facing criminal charges.
Source:
https://www.ncleg.gov/EnactedLegislation/Statutes/HTML/BySection/Chapter_20/GS_20-141.4.html
https://www.law.cornell.edu/wex/manslaughter
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