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Involuntary manslaughter is the lowest level homicide offense that someone can be charged with when someone is killed in Michigan. The involuntary manslaughter category is meant to cover homicides that were not intended but occurred because of negligent or criminal actions. For example, this is a common charge for someone driving with reckless disregard for others’ safety, causing a fatal accident. They will be charged with involuntary manslaughter because they did not set out to kill someone, but it happened because of their recklessness or negligence.
If you or someone you know has been charged with involuntary manslaughter, it is important to contact an experienced criminal defense attorney. The attorneys of George Law have a deep understanding of criminal defense law. We are ready to use our knowledge and skill to fight for your best interests. Contact us today at (248) 247-7459 or send a form online for a case evaluation and to discuss your legal options.
Establishing Involuntary Manslaughter
When you are charged with involuntary manslaughter, the prosecution must prove the following to get a conviction:
- The victim died because of you;
- The actions you took were negligent, or you intended to cause the victims harm;
- There was no justification for taking the victim’s life.
The death of an unborn child can also result in an involuntary manslaughter charge if the death occurred during the mother’s assault or some negligent act against the mother. For example, if someone is driving recklessly, it causes an accident, and an unborn child is killed. As a result, the prosecution may choose to bring involuntary manslaughter charges against the negligent driver.
Malice In Involuntary Manslaughter
The main difference between involuntary manslaughter and murder is the defendant’s intentions. Malice means that someone intentionally does something. To be convicted of murder, there needs to be malice which can include:
- Intent to kill or cause serious bodily harm to another human; or
- An act that shows a willful disregard for human life and knows that their actions will likely cause death or harm to the victim.
If the prosecution cannot prove malice, they will not be able to convict the defendant of murder. Instead, they will charge the defendant with involuntary manslaughter because it only requires that the prosecution show that the defendant was grossly negligent. For example, if the prosecution can show that the defendant was egregiously reckless in their behavior, resulting in death, they can be charged with involuntary manslaughter.
Penalties For Involuntary Manslaughter
If you are convicted of involuntary manslaughter, under Michigan law, you can face up to 15 years in prison and a fine of up to $7,500. In addition to the criminal penalties, you can face some civil penalties, including restitution to the victims. If you have already been convicted with this charge, an experienced attorney can review your case and explore your post-conviction options.
Defending Against Involuntary Manslaughter Charges
If you are facing involuntary manslaughter charges, there are a variety of defenses that may be available:
- Accident: To be convicted of involuntary manslaughter, the prosecution must prove beyond a reasonable doubt that you behaved negligently. As a result, if you were not behaving negligently and what occurred was an accident, then you have a solid defense to have the charge dismissed. For example, if you were playing baseball and hit a line drive that hit the pitcher in the head, causing their death. There was no criminal intent when you hit the ball, and you were not acting negligently. Your accident defense will likely be successful if the death was not the result of your criminal negligence.
- Self-defense: You have a right to defend yourself and others against attacks. This means if you were acting in self-defense of yourself or another, you likely could not be convicted of involuntary manslaughter. To have a solid self-defense argument, you must show that you did not use excessive force in defending yourself. For example, if someone punches you, you cannot shoot them in self-defense because that is excessive force. However, if you see someone being punched and you push the offender, they fall over, hitting their head, resulting in their death. The same example applies when you are defending yourself. You likely have a solid argument for self-defense or “defense of others” because you did not use excessive force when protecting yourself or someone else.
- Insufficient evidence: The prosecution must prove beyond a reasonable doubt that your negligent actions caused someone’s death for you to be convicted of involuntary manslaughter. As a result, if the prosecution does not have sufficient evidence to prove that your negligent actions caused the death, you cannot be convicted with this charge.
- Mental health defense: If you were not in control of your actions when someone is killed, you might be able to use the insanity plea. An insanity plea does not give someone the complete freedom of having a conviction dismissed, as you are required to admit that the crime occurred. Because you must admit committing the act to use the insanity plea, the insanity defense should only be used when it is genuine.
Contact An Experienced Criminal Defense Attorney In Michigan
If you or someone you know is facing an involuntary manslaughter charge, having an experienced criminal defense attorney on your side can make a huge difference in the success of your defense. The attorneys of George Law are ready to use their skills and knowledge to build you the best defense strategy available for your case.
Don’t let an accident throw your entire life off course. Instead, contact one of our attorneys for a case evaluation and to learn more about your legal options. Contact us at (248) 247-7459 or through our online form.