Involuntary Manslaughter

The most critical battleground in these cases is the distinction between civil ordinary negligence and criminal negligence. Ordinary negligence is a failure to exercise reasonable care which creates civil liability for damages. Criminal negligence requires much more. It demands a showing that the defendant acted with a reckless disregard for human life or an indifference to the consequences of their actions.

This is a high evidentiary bar. We argue that mere carelessness or a mistake is not a crime. For a conviction, the conduct must be such a gross departure from the standard of care that a reasonable person would have known it created a high risk of death. If we can demonstrate that the defendant’s actions were simply a mistake or a lapse in judgment typical of human error, the conduct remains a civil matter and not a homicide.

Even if negligence is proven, the state must establish proximate cause. The defendant’s actions must be the direct and natural cause of the death. If there was an intervening event (such as medical malpractice at the hospital, the victim’s own reckless behavior or a third party’s interference) that broke the chain of causation, the manslaughter charge cannot stand.

We work with forensic experts to reconstruct the timeline of the fatality. In many cases, the death was not a foreseeable result of the defendant’s initial act. By severing the causal link, we can defeat the homicide charge by arguing that the defendant is not legally responsible for the ultimate tragedy even if they were involved in the events leading up to it.

Not every misdemeanor supports a manslaughter conviction. The underlying offense must be inherently dangerous to human life or committed in a dangerous manner. A death resulting from a petty theft or a minor zoning violation typically would not qualify.

We aggressively challenge the characterization of the underlying misdemeanor. If we can prove that the misdemeanor was not inherently dangerous, the legal basis for the manslaughter charge collapses. For example, if a death resulted from a loud argument (disturbing the peace) that caused a heart attack, we would argue that the underlying crime of disturbing the peace is not dangerous enough to foreseeably result in death.

Involuntary manslaughter can also be charged when a person is doing something legal but does it in a criminally negligent way. This often applies to professionals. A doctor performing a lawful surgery who ignores basic sanitation protocols resulting in a fatal infection could be charged.

This area of law is complex because it criminalizes the execution of duty rather than the act itself. We defend these cases by bringing in industry experts to testify on the standard of care. We aim to show that the defendant’s actions (while perhaps imperfect) were within the bounds of professional judgment and do not rise to the level of criminal mishandling.

To secure a felony conviction for vehicular manslaughter, the prosecution must usually prove gross negligence. This is more than just speeding or running a red light. It implies a conscious disregard for safety. 

Factors often cited by prosecutors include:

• Driving at excessive speeds in a school zone or residential area
• Texting or using social media while driving in heavy traffic
• Aggressive weaving through lanes without signaling
• Ignoring visible road hazards or construction warnings

We deconstruct the accident report to challenge the finding of gross negligence. We analyze road conditions, mechanical failures and the behavior of other drivers. If we can reduce the culpability from gross negligence to ordinary negligence, the charge must be reduced to a misdemeanor which often results in no jail time.

When alcohol or drugs are involved the stakes escalate. In some jurisdictions, if a driver has a prior DUI conviction and kills someone while driving drunk again, they can be charged with second-degree murder (often called Watson murder) rather than manslaughter.

Even without a prior record prosecutors will push for the maximum sentence. Our defense focuses on the science of intoxication. We challenge the breathalyzer calibration and the field sobriety tests. We also scrutinize the causation; simply being over the limit does not automatically mean the driver caused the accident. If the victim jaywalked into traffic, the driver’s intoxication may be irrelevant to the cause of death.

Excusable homicide is a complete defense. It applies when a death occurs by accident and misfortune in the heat of passion or upon any sudden and sufficient provocation. Crucially, this defense requires that no undue advantage was taken and no dangerous weapon was used in a cruel manner.

This defense is vital in cases involving physical altercations or self-defense scenarios that do not meet the strict requirements for justifiable homicide. If two people consent to a fistfight and one falls and hits their head, we argue that the death was an excusable accident during mutual combat rather than a crime. We emphasize the lack of lethal intent and the accidental nature of the fatality.

Sometimes a death occurs because the defendant believed they were in danger but the jury determines that their belief was unreasonable or their use of force was excessive. This is known as imperfect self-defense.

While it may not result in a total acquittal, it can negate the manslaughter charge or mitigate the sentencing significantly. We argue that the defendant was acting out of genuine fear even if mistaken. By focusing on the defendant’s subjective state of mind, we humanize their reaction to a perceived threat (arguing that fear drove their actions rather than recklessness).

Involuntary manslaughter is a felony that can carry a sentence of two to four years in state prison and much more if firearms were involved. In some states it counts as a strike under Three Strikes Laws which can double sentences for future offenses. 

Collateral consequences include:

• Revocation of professional licenses (medical, legal, real estate)
• Permanent loss of the right to own or possess firearms
• Deportation for non-citizens if the crime is deemed a crime of violence
• Ineligibility for certain government benefits and housing

We fight aggressively to avoid the strike designation. We negotiate plea deals that categorize the offense in a way that avoids the strike enhancement. If prison is unavoidable, we advocate for lower-term sentences based on th

A criminal conviction serves as conclusive proof of liability in a civil wrongful death lawsuit. This means the defendant will almost certainly face financial ruin through civil judgments on top of criminal penalties.

We coordinate the criminal defense with an eye toward civil exposure. We are careful not to make admissions in the criminal case that could be used to bankrupt the client in civil court. We also litigate restitution hearings to ensure that the financial demands of the victim’s family are substantiated by evidence and not inflated.