Understanding Involuntary Manslaughter Charges in Las Vegas
Realizing that you caused the death of another person is traumatic by itself; however, that trauma is exacerbated tenfold if you are also charged with involuntary manslaughter as a result of the death. If you are facing involuntary manslaughter charges in Las Vegas, it is crucial to understand what the prosecution must prove to convict you, what the penalties are if you are convicted, and what defenses might be available to you.
What Is Involuntary Manslaughter?
In the State of Nevada, involuntary manslaughter is governed by NRS 200.070 which defines the offense as “the killing of a human being, without any intent to do so, in the commission of an unlawful act, or a lawful act which probably might produce such a consequence in an unlawful manner, but where the involuntary killing occurs in the commission of an unlawful act, which, in its consequences, naturally tends to destroy the life of a human being, or is committed in the prosecution of a felonious intent, the offense is murder.” The statute specifically precludes vehicular manslaughter within the definition of involuntary manslaughter.
In layman’s terms, involuntary manslaughter occurs when you unintentionally kill someone while you are committing an unlawful act (of any kind) or while committing a lawful, but negligent, act. For example, setting off illegal fireworks that end up killing a neighbor or firing a (legal) gun on the 4th of July that ends up killing someone might both be charged as involuntary manslaughter in Las Vegas.
How Is Involuntary Manslaughter Different from Other Offenses?
Like most states, Nevada law allows for several different criminal offenses related to the killing of another person. First-degree murder is the most serious of those crimes, followed by second-degree murder, voluntary manslaughter, and finally, involuntary manslaughter. First-degree murder requires the killing to have been intentional and committed with malice, while second-degree murder is an unintentional killing where the suspect acted so recklessly that death was a foreseeable consequence. Voluntary manslaughter involves an unintentional “heat of passion” killing.
What Are the Potential Penalties for a Manslaughter Conviction?
Involuntary manslaughter is charged as a Class D felony in Nevada. If convicted, you face a potential penalty of one to four years in prison and/or a fine of up to $5,000. It is not uncommon to be charged with a more serious offense that is negotiated down to involuntary manslaughter through plea agreement negotiations.
Are There Defenses to Manslaughter?
Only an experienced criminal defense attorney can evaluate the unique circumstances surrounding your arrest and discuss the best defense strategy for your case; however, both self-defense and accident are common defenses to accusations of involuntary manslaughter. You have a right in the State of Nevada to use reasonable force if you believe that there is an immediate threat of death or serious bodily injury to you or another person. Self-defense can include the killing of another person if the force used is proportionate to the threat. To claim that the killing was a true accident, you must not have committed an illegal act and your actions must not have been negligent.
What Should I Do If I Have Been Accused of Involuntary Manslaughter in Las Vegas?
If you have been accused of involuntary manslaughter in Las Vegas, consult with an experienced Las Vegas involuntary manslaughter attorney at The Vegas Lawyers as soon as possible to discuss your legal options and defenses. Call us at 702-707-3000 or contact us online.