Involuntary manslaughter is an unintentional death resulting from negligence or recklessness or from a low-level felony or misdemeanor. The difference between involuntary and voluntary manslaughter is that the former is a crime where the consequences (the death of the victim) are unintended. Here is a brief explanation of involuntary manslaughter and how it can result in lifelong consequences for plaintiffs and defendants.
Elements of an Involuntary Manslaughter Case
There are three elements in a successful involuntary manslaughter case: someone has to die as the result of a defendant’s acts, the act must be dangerous or done recklessly, and the defendant should have known that his or her conduct was dangerous.
Involuntary manslaughter charges often come after car accidents caused by intoxicated drivers. While the driver never planned to kill someone, their negligence is enough to meet the elements of a manslaughter case. Legal activities done recklessly can result in charges. For instance, if a carnival ride operator fails to ensure that everyone is buckled in and someone is killed, an Accidental Death Attorney in Greenfield MA, can bring an involuntary manslaughter case.
Murder vs. Manslaughter
As said above, involuntary manslaughter is the unplanned killing of another person. It differs from first or second-degree murder in that the death was accidental. However, an unplanned killing that occurs during the commission of a dangerous felony is regarded as first-degree murder in most jurisdictions.
Similarly, an involuntary manslaughter is usually defined as the killing of a person in the absence of forethought or malice or without criminal intentions. Acts leading to involuntary manslaughter charges, but not approaching the threshold of murder, range from running red lights and killing pedestrians to more serious acts of negligence, such as an apartment manager’s failure to install smoke alarms before a fatal fire.
An accidental death can result in lasting consequences for both plaintiffs and defendants. Plaintiffs can be left to pay the deceased’s funeral costs and their final expenses, and they can be left to struggle with the loss of the income provided by that person. Defendants can be left to pay staggering legal fees and damage awards, resulting in financial ruin.
Whether a person has been accused of involuntary manslaughter or they have lost a family member because of someone else’s recklessness, an Accidental Death Attorney in Greenfield MA, such as one from Daniel and Fontaine LLC, can evaluate the case and give sound legal advice. You can also visit them on Twitter for more information.
