Involuntary manslaughter is the lowest charge of all homicide charges, yet should still be taken very seriously.
Unlike a murder charge, involuntary manslaughter is the unintentional killing of a human being. First degree murder or second degree murder requires an intent to kill the decedent, however involuntary manslaughter or reckless homicide typically results from an accident or an act of reckless behavior. An Syracuse homicide attorney can provide you with the legal assistance and guidance if you are facing criminal charges. If you have been charged with either of these offenses, contact New York Lawyers Team for legal advice on your case.
Under New York Law, an individual commits the offense when he or she unintentionally kills an individual without a lawful defense.
Involuntary manslaughter occurs when an individual commits an act that results in death of the victim and the defendant’s act was likely to cause death or great bodily harm to the victim. The defendant must have acted and performed the acts recklessly. Recklessness is consciously disregarding a substantial and unjustifiable risk; furthermore, the disregard must result in a gross deviation from the standard of conduct to which a law-abiding person would adhere.
Reckless homicide, conversely, takes place when an individual unintentionally kills an individual while driving a vehicle.
The defendant can argue several defenses to a charge of involuntary manslaughter or reckless homicide, including:
The most common defense is that the defendant did not act recklessly. The defendant can argue that he acted in a reasonable manner and the death was an accident.
Since these charges include the unintentional killing of an individual, the punishment for a conviction is less severe than those for murder.
If you are facing criminal prosecution for any homicide-related crime in Syracuse or have been charged with either involuntary manslaughter or reckless homicide in Syracuse, New York Lawyers Team can assist you in understanding and protecting your legal rights. Reach out to our experienced and professional attorneys today to discuss your case.