Were you recently charged with reckless homicide or involuntary manslaughter in Indiana? It may have been an accident, but killing another person is a serious matter that can lead to felony charges in Indiana. Time is of the essence. Contact a seasoned Indianapolis homicide defense attorney attorney to protect your legal rights when charged with homicide. The state prosecutor will work aggressively to convict you, so immediately retain a criminal defense attorney from Gemma & Karimi. Our aggressive homicide defense attorney was named to the Super Lawyers Rising Star List in 2018, 2019, and 2020.
Understanding Reckless Homicide Charges in Indiana
In Indiana, reckless homicide is a serious criminal charge and occurs when a person recklessly kills another human being without the intent to kill. This fact distinguishes the crime from voluntary or involuntary manslaughter, which involve intent.
Reckless homicide in Indiana involves causing the death of another person by acting recklessly. The law states that a person acts “recklessly” if they engage in conduct in plain, conscious, and unjustifiable disregard of the harm that might result. This disregard involves a substantial deviation from acceptable standards of conduct. For a reckless homicide charge to lead to a conviction, state prosecutors must prove:
- A death happened: Your actions caused someone’s death.
- There was reckless behavior: You acted with a conscious disregard for the risk that your actions could cause someone serious harm or death.
- There was no intent to kill: You did not intend to kill the victim.
A typical example in Indiana is drunk driving. For instance, suppose you were speeding on a residential street in Indianapolis and hit and killed a pedestrian. Or, you fired a pistol into the air on New Year’s Eve and accidentally killed someone when the bullet landed. These examples could lead to an Indiana reckless homicide charge.
Facing criminal charges in Indianapolis?
Call our Indiana Criminal Defense attorney at (317) 676-4747 or fill out our online contact form today to schedule a free consultation!
Indiana’s Homicide Laws and Penalties
Indiana’s homicide laws divide illegal killings into several categories. The laws categorize various types of homicides based on the accused’s intent and whether there was recklessness or negligence. Depending on the circumstances, you could be charged with other homicide crimes, such as voluntary manslaughter, involuntary manslaughter, murder, or feticide.
Reckless homicide means recklessly killing another person without intent, where the behavior demonstrates a conscious disregard for a substantial and unjustifiable risk. Reckless homicide is a Level 5 felony, and one to six years in state prison is possible, with a maximum $10,000 fine.
If you caused death while operating a motor vehicle while intoxicated, the offense could be a Level 4 felony with two to years in prison possible.
It’s essential to understand the state’s homicide laws, so you have the most effective defense. An experienced criminal defense is necessary to help you understand the complexities of the reckless homicide charge. Your Indianapolis murder defense lawyer will review your case to determine if a reckless homicide charge is appropriate.
Building a Strong Defense Strategy
A strong criminal defense is critical to safeguarding your future if faced with a reckless homicide charge. Our experienced Indianapolis murder defense attorney will review your case to determine if the charge is appropriate and what the best defense is. Common defenses for reckless homicide charges in Indiana include:
- Lack of recklessness: A key defense is to argue that your actions did not meet the legal threshold for recklessness. This could involve demonstrating that you were unaware of the substantial risk your actions posed or that the risk was not unjustifiable under the circumstances.
- Accident: If the death was indeed accidental and not the result of reckless behavior, this can serve as a defense. You’d need to show that your actions were reasonable and that the outcome was not a foreseeable result of conscious risk-taking.
- Self-defense or defense of others: Indiana law uses reasonable force, including deadly force if necessary, to protect yourself or another person from imminent unlawful force, with no duty to retreat.
- Insufficient evidence: Challenging the prosecution’s evidence is always an option. This might include questioning the reliability of witnesses, the accuracy of forensic reports, or the causal link between your actions and the death.
- Necessity: Rarely, you might argue that your reckless action was necessary to prevent greater harm. For example, swerving a vehicle recklessly to avoid hitting a group of pedestrians could be a possible defense strategy.
Defense Options and Considerations
If you are being charged with reckless homicide, it is possible to reduce the charges if there are mitigating circumstances. For instance, if you have a history of mental illness or lacked intent, the charge could be potentially dropped or reduced. Other possibilities are a lack of previous criminal history or accepting responsibility for the crime. These mitigating circumstances could lead to a less severe charge or better case outcome.
Frequently Asked Questions
You may have many questions if facing an Indiana reckless homicide charge. Common questions and answers are below. Speak to our experienced criminal defense team if you have further questions:
Reckless homicide occurs when a person recklessly kills another human being. Recklessness is the key factor. Involuntary manslaughter means killing a person unintentionally while committing an unlawful act or while committing a lawful act unlawfully or recklessly. This charge does not always imply recklessness was involved. Our Indianapolis murder defense team will review the charge against you to determine next steps.
No, reckless homicide in Indiana does not necessarily involve intentional actions, at least not intending to cause the person’s death. The key to this charge is recklessness, not intending to kill. Recklessness under the law means acting with a conscious and unjustifiable disregard for a substantial risk.
Yes, it’s possible that your reckless homicide charge can be reduced or dismissed. In some cases, the homicide defense team may get the charge reduced to a misdemeanor charge, such as criminal recklessness or reckless endangerment. This could happen if the prosecution’s case is weak or if you have no previous criminal record.
Indiana law states that someone has engaged in reckless conduct if their conduct was in plain and conscious disregard for another person’s safety. Further, reckless behavior is reckless if there was a substantial chance of harm, and the disregard for safety must not have had any reasonable excuse. For example, speeding to get a seriously injured person to the hospital could be justifiable, but speeding for no reason is not.
When questioned about or charged with reckless homicide, say as little as possible to the police officer. The next step is to retain skilled legal representation promptly so they can devise the best defense strategy. Delaying the hiring of a criminal offense attorney could make it more challenging to achieve the best outcome.
Your attorney can help with your reckless homicide case it several ways. First, they may challenge the mental state that the prosecutor says you had. The prosecutor must prove that you had a reckless mental state, and it must be beyond a reasonable doubt. Also, your attorney will carefully review the case facts and evidence to reveal weaknesses in the state’s case against you.
Why Choose Our Reckless Homicide Defense Lawyer
Being hit with a reckless homicide charge is intimidating, and you probably are scared. It is a serious matter, but an aggressive legal defense can lead to a favorable outcome to your reckless conduct charge. Contact our murder defense attorney at Gemma & Karimi at (317) 602-5970 for a free legal consultation so we can begin investigating. Our defense attorneys have decades of experience fighting serious criminal charges for our clients. We understand that an unlawful killing charge is serious and are dedicated to building the most robust defense.
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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