An Indiana involuntary manslaughter charge means you allegedly killed another person while committing a felony that put another person at risk of serious bodily injury. If convicted, you could receive up to six years in state prison and a $10,000 fine. Additionally, you will have a permanent criminal record that is detrimental to your future. Therefore, you should immediately retain a skilled criminal lawyer at Gemma & Karimi to preserve your legal rights and obtain the most favorable case outcome if you face homicide charges.
Understanding Involuntary Manslaughter
Involuntary manslaughter in Indiana happens when someone unintentionally kills someone while attempting to commit or committing certain acts. The law states that you have committed involuntary manslaughter if there was an unlawful killing while:
- Committing or trying to commit a Level 5 or Level 6 felony that puts someone at a serious risk of bodily injury.
- Committing or trying to commit a Class A misdemeanor that poses a serious risk of serious bodily injury.
- Committing a battery offense.
Also, the state involuntary law applies to a fetus being killed that was viable in similar circumstances outlined above. The state prosecutor will work vigorously to convict you, so always retain a skilled Indiana criminal defense attorney at Gemma & Karimi to protect your rights.
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Involuntary Manslaughter Charges and Penalties
Involuntary manslaughter is a Level 5 felony in Indiana. You can receive a one to six-year prison sentence, with three years being the most common. The maximum fine for this felony is $10,000.
This crime is distinguished from voluntary manslaughter in that involuntary manslaughter was unintentional. Most involuntary manslaughter cases stem from negligent or reckless actions during the commission of another crime, such as a deadly car crash caused by drunk driving.
For instance, if you drive under the influence of drugs or alcohol and accidentally kill someone in an Indianapolis crosswalk, you could face an involuntary manslaughter charge, as well as drunk driving charges. The key to an involuntary manslaughter charge is that killing another person was not intended or planned.
Defenses Against Involuntary Manslaughter Charges
An Indiana involuntary manslaughter charge is a dire situation, but a skilled criminal defense lawyer can devise a vigorous defense. Some possibilities include:
Accident
A key defense is arguing that the death was a pure accident, not the result of reckless or negligent behavior. Involuntary manslaughter requires that the defendant’s actions show a disregard for the risk of serious harm. This could negate the charge if the conduct was reasonable and no foreseeable risk was ignored. For example, if a death occurred during a lawful activity without any negligence, like a freak accident with no reckless behavior, the defendant might avoid liability.
Self-Defense
Indiana law allows the use of reasonable force, including deadly force, to protect oneself or others from imminent harm, with no duty to retreat if the person is in a place they have a right to be. If you reasonably believed their actions were necessary to prevent serious bodily injury or death, and the resulting death was unintentional, this could serve as a defense. The force used must be proportionate to the threat, and the belief in danger must be one a reasonable person would believe in the same situation.
Defense of Others
Like self-defense, Indiana permits using force to protect another person from imminent harm. If the defendant acted to shield someone else, like a family member, from an immediate threat, and the death was an unintended consequence, this could reduce or eliminate culpability. The same standards of reasonableness and proportionality are applicable.
Insufficient Evidence
The prosecution must prove beyond a reasonable doubt that the defendant’s actions directly caused the death and that the underlying act was inherently dangerous. A defense might challenge the causal link, such as if the victim’s own actions contributed to the death, or argue that the evidence doesn’t support the claim of recklessness or negligence.
Key Differences Between Murder Charge vs. Manslaughter
There are major differences between a murder charge and an involuntary manslaughter charge. Murder is the intentional and unlawful killing of another human being. In Indiana, it is defined under Indiana Code (IC) 35-42-1-1 as knowingly or intentionally killing another person or killing someone while committing or attempting to commit certain felonies, such as robbery or burglary.
A murder conviction requires proof of intent. You must have had a conscious objective to kill or been aware that their actions would likely result in death. For example, a murder conviction is possible if you plan to murder your spouse’s lover and carry out the act.
On the other hand, voluntary manslaughter means you allegedly intentionally killed your spouse’s lover in the heat of the moment. There was intent in this case, but it occurred suddenly without planning. Involuntary manslaughter means you allegedly and unintentionally caused a person’s death while committing a crime, such as drunk driving.
It is essential to retain a proven criminal defense attorney in Indiana to defend you against a manslaughter charge. It’s possible that the prosecutor could try to upgrade your charge to murder, and you need a seasoned attorney fighting for your rights.
Frequently Asked Questions
Common questions about manslaughter charges in Indiana include:
A person commits involuntary manslaughter in Indiana when they kill another person unintentionally while committing or attempting to commit a Level 5 or Level 6 felony or a Class A misdemeanor that inherently poses a risk of serious bodily injury, such as reckless driving.
The difference between a person who commits involuntary manslaughter and voluntary manslaughter is intent. Involuntary manslaughter is the accidental killing of another person while committing another crime, such as drunk driving or speeding.
Voluntary manslaughter means you intentionally caused the death, but without malice aforethought. An example might be seeing your spouse’s lover in the street, and in a moment of passion, you run the person over with your car. It was intentional, but it happened in the heat of the moment.
Yes. Your involuntary manslaughter charge can be reduced or dismissed with a vigorous defense by your attorney. There could be insufficient evidence to prove the case beyond a reasonable doubt. Or, a skilled criminal defense attorney could negotiate to lower the charge to reckless homicide.
No, accidental death does not always lead to an involuntary manslaughter charge in Indiana. Whether an accidental death results in such a charge depends on the specific circumstances of the incident, primarily the actions of the person who allegedly committed the crime.
This charge is usually a Level 5 felony in Indiana. There is no misdemeanor charge for involuntary manslaughter in this state.
An involuntary manslaughter charge cannot be expunged if there is a conviction. Certain convictions in Indiana cannot be expunged, including voluntary and involuntary manslaughter cases. However, if the charge did not lead to a conviction, you could qualify for expungement in certain situations. There may be a one-year waiting period, so have an experienced criminal defense attorney review your case.
Contact an Involuntary Manslaughter Lawyer In Indiana
Were you charged with involuntary manslaughter in Indiana? Being accused of causing serious bodily injury or death could lead to years in prison. Time is not on your side. Retain a seasoned involuntary manslaughter lawyer in Indiana today.
Our experienced criminal defense attorney at Gemma & Karimi will ensure that your legal rights are vigorously defended. We have an impressive record of acquittals, successful appeals, and reduced consequences for our previous clients. Contact us today at (317) 602-5970 for an immediate legal consultation. Our criminal law team provides aggressive criminal defense in state and federal courts.
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