Blogs from April, 2022

In our last blog, we discussed involuntary manslaughter, defining the term and offering defenses against the crime. We also discussed how easy it is to get confused by the very idea of manslaughter. The crime is much more than simply killing someone by accident. It involves willful, negligent behavior that results in someone’s death

The legal words that differentiate the different types of manslaughter only add to the confusion. For instance, the words “voluntary manslaughter” are misleading by themselves. If manslaughter is an unintentional killing, how could it be voluntary?

How Can Manslaughter Be Voluntary?

The term “voluntary manslaughter” refers to the intent behind the act. The accused did not mean to kill someone, but they did voluntarily cause harm.

Here are some potential examples of voluntary manslaughter:

• Two people get into a fight. One opponent clearly loses and gives up, but the other continues to savagely beat them until they die.
• An enraged driver intentionally hits another car. The other driver loses control and dies.
• In an initial act of self-defense, someone goes too far. They savagely beat their attacker to death.

Nevada’s Voluntary Manslaughter Penalties

Voluntary manslaughter is a serious crime in the state. It is a Category B felony, the second most severe crime in Nevada’s system. If convicted, you could face 1 to 10 years in prison and fines as high as $10,000.

Defenses Against Voluntary Manslaughter

Being convicted of this crime can ruin your life. A severe felony will appear on your record, possibly forever. You could lose your freedom for a decade and pay exorbitant amounts of money on fines. Always remember that you have the option to challenge criminal allegations in court. If you’ve been charged with involuntary manslaughter, talk with your attorney about the following defenses.

You Acted with Reasonable Self-Defense

Above, we gave an example of self-defense gone awry, leading to a criminal charge. You can still use a self-defense claim to defend against voluntary manslaughter.

A key component to any self-defense claim is that the defense was proportionate to the attack. For example, a slap can warrant a slap in response. If you return a slap with a punch, however, you could be charged with a crime.

To prove you acted in self-defense, you must demonstrate that your actions were reasonable given the situation. If you, for instance, sincerely believe that your life is in danger, and your attacker won’t give up, a fatal response may be justified.

You Were Not in Your Right Mind

A health crisis can sometimes lead to violent, erratic behavior. Imagine you were prescribed the wrong medicine, or you were unaware of a tumor developing in your brain. If a temporary health concern caused you to harm someone, the court may not hold you responsible for these actions.

Be careful with this defense, however. It is not the same as an insanity plea. Insanity pleas essentially claim that someone cannot care for themselves and cannot be trusted to live in society. Offenders do not technically go to prison, but they do go to high-security hospitals and have very limited freedoms. Insanity pleas are for those who truly need round-the-clock care and observation.

Our team is ready to help you fight manslaughter accusations. For a free consultation, contact us online or call us at (775) 502-1575.

Many people misunderstand the crime of manslaughter. It’s often confused with “killing someone by accident.” Imagine a factory worker who accidentally loses their grip on a machine part, that part flies across the factory, hitting and killing a coworker. The terms used for the crime can also be misleading. When you hear the phrase “involuntary manslaughter,” you may picture a scenario like the one described above. This is not an example of manslaughter.

What Makes an Action Involuntary Manslaughter?

In reality, there is much more to a manslaughter charge than just an accidental death.

Involuntary manslaughter involves doing something dangerous or negligent, killing someone in the process.

Here are some potential examples of involuntary manslaughter:

• Involuntary Manslaughter by Car
  • Someone engages in street racing, loses control of the car, and kills someone.
  • A person drives drunk and kills a bystander.
  • A driver is driving far over the speed limit and kills someone.
• Involuntary Manslaughter Through Grossly Negligent Behavior
  • A person fires a gun in the dark, hitting and killing an unseen passerby.
  • Teens drop a cinderblock off a bridge, hitting a driver and killing them.
  • Someone fires overpowered fireworks in a residential area and kills a neighbor.

Nevada’s Involuntary Manslaughter Penalties

Alleged offenders can face serious penalties. Involuntary manslaughter is a Category D felony in the state. This is punishable by 1 to 4 years in prison with fines up to $5,000.

Defenses Against Involuntary Manslaughter

If you’ve been accused of this crime, remember that you are innocent until proven guilty. You have the right to a defense, no matter the circumstances. Discuss the following defenses with your attorney, and you may be able to retain that innocence.

Defend Your Behavior

Remember, it’s up to the prosecution to prove that you were engaged in egregious, irresponsible behavior. Horrific, unfortunate accidents happen every day.

Imagine you are accused of involuntary vehicular manslaughter. You may have been by the wheel of a car, and that car may have killed a bystander, but that doesn’t mean you’re guilty of manslaughter. For instance, the car may have malfunctioned, causing you to lose control. In that case, the car’s manufacturer or your mechanic is responsible, not you.

Claim Self-Defense

Imagine someone is charging you, and you simply try to push them away. The road sidewalk is slick with rainwater, and your attacker slips, cracks their head on the concrete, and dies.

Self-defense isn’t always a violent fight or a shooting. Sometimes, it’s just the smallest form of fending someone off, ending in an accidental tragedy.

Scrutinize the Evidence

Ultimately, if you are not the killer, you may be able to challenge and debunk the evidence against you. For instance, perhaps there were multiple cars involved in a crash, and you weren’t responsible for it. Maybe someone did fire a shot in the dark, and the ballistics do trace the bullet back to your gun. Even with strong evidence like that, the police may not be able to prove that it was your finger that pulled the trigger that night.

In our next blog, we will discuss the crime of voluntary manslaughter.

If you’ve been accused of involuntary manslaughter, reach out to our firm for a free consultation. You can call us at (775) 502-1575 or contact us online.