Involuntary manslaughter is a serious crime that occurs when someone unintentionally causes the death of another person through their reckless or criminally negligent actions. A conviction for involuntary manslaughter carries a sentence of 15 years in prison and a fine of up to $7,500.
The stakes are high when you are facing charges for involuntary manslaughter. But just because you were charged with a crime does not mean you are guilty. Anyone accused of a crime is presumed innocent until proven guilty beyond a reasonable doubt. To secure a favorable outcome, you need assistance from a skilled and experienced criminal defense attorney.
Elmen Legal represents people in Ann Arbor and throughout Michigan who are facing charges for involuntary manslaughter and other serious crimes. Robert Elmen is a talented and compassionate criminal defense attorney who does everything he can to seek justice for his clients.
If you were charged with murder, felonious assault, or manslaughter in Michigan, contact Elmen Legal today to schedule an appointment to discuss your case and how Attorney Elmen can help.
Proving Involuntary Manslaughter in Michigan
Charges of involuntary manslaughter typically apply when a person is killed because of someone else’s reckless or criminally negligent conduct or when someone dies as a result of an unlawful act that is a misdemeanor or a low-level felony, such as an OWI / DUI.
To prove the crime of involuntary manslaughter, the prosecutor must establish all of the following elements, beyond a reasonable doubt:
- A death occurred as a result of the defendant’s actions;
- The defendant’s actions were inherently dangerous to others or were done with reckless disregard for human life;
- The defendant knew or should have known that their actions would be a threat to the lives of others.
Understanding Criminal Negligence and Unlawful Act Involuntary Manslaughter
Michigan recognizes two primary forms of involuntary manslaughter:
- Criminal negligence occurs when someone’s reckless or grossly negligent behavior leads to someone else’s death. Examples of criminal recklessness or criminal negligence include driving at an excessive speed that results in the death of another person, when a child dies after being left in a hot car, or the death of a child because a gun owner improperly stored a loaded firearm where a child could access it.
- Unlawful act manslaughter occurs when a person commits a misdemeanor or a low-level felony that results in someone else’s death. The most common example is when someone is killed in an accident caused by a drunk driver.
In both situations, the law recognizes the death was unintentional.
Aggravating Factors When Facing Charges for Involuntary Manslaughter
The following aggravating factors can influence the severity of a sentence for an involuntary manslaughter conviction:
- Defendant’s Criminal Record. A defendant with a prior criminal record involving violent or reckless behavior will likely receive a harsher sentence.
- The Degree of Criminal Negligence. In cases where the level of criminal negligence was extreme, such as cases that involve drunk driving, improper storage of a firearm, or street racing, the defendant is likely to receive a more severe sentence.
- Multiple Victims. A defendant will be punished more severely when multiple people die because of their criminal negligence or unlawful acts.
- Vulnerable Victims. The defendant is often punished more severely when the victim is particularly vulnerable, such as a child or an elderly person.
Defending Against Charges of Involuntary Manslaughter
If you were charged with involuntary manslaughter in Michigan, you need an experienced criminal defense attorney who can mount a vigorous legal defense. Defenses to charges of involuntary manslaughter typically address the following factors:
- Lack of Causation. To convict someone of involuntary manslaughter, the prosecutor must prove that the defendant’s actions caused the victim’s death. This defense explores alternate causes of death and seeks to undermine evidence linking the defendant’s actions to the victim’s death.
- Accidental Death. In cases where someone died but the defendant took all reasonable and necessary precautions, the defendant may claim the death was a tragic and unforeseeable accident.
- Self-Defense. A defendant can claim the death was unintentional and they were acting in self-defense.
- Involuntary Action. In certain cases, a defendant may claim the death was the result of a medical condition, such as a seizure or other sudden health emergency.
- Constitutional Violations. A defendant may obtain a reduction in penalties or dismissal of the case if their constitutional rights were violated during the investigation or arrest. This defense applies in cases involving an illegal search and seizure, where evidence was obtained illegally and should be suppressed.
Contact Elmen Legal Today
Criminal charges for involuntary manslaughter must be taken seriously. Call (734) 707-8915 or contact Elmen Legal today for knowledgeable legal advice and to begin preparing your defense.
