A person who has been arrested and charged with involuntary manslaughter needs a skilled and experienced Criminal Attorney in Fort Myers to prevent the worst consequences. Many people aren’t familiar with the legal concept of involuntary manslaughter and wonder how it is different from other crimes that cause someone’s death.
Extreme Negligence and Involuntary Manslaughter
Known in some other states as negligent homicide, this type of crime is killing without intent to do so and also without deliberate aggression. It is characterized by the person being extremely negligent in a way that causes severe harm. One of the more common instances is a drunk driver who causes an accident that kills somebody. Reckless behavior with a firearm also can accidentally kill someone who is nearby.
Voluntary manslaughter, in contrast, is a more serious charge. The person did not intend to kill someone but acted aggressively in an intentional manner. Attacking someone out of rage is an example. This is different than murder in the second degree, in which the defendant is charged with killing someone and intending to do so, but acting spontaneously and not planning the act of time.
The Aspect of Intention
An attorney with an organization such as the Law Office Of James W. Chandler P.A. may address the aspect of intention in court, as it can sometimes be difficult to determine. The prosecution may be willing to lower the charge for a person who has been charged with second-degree murder to voluntary manslaughter.
Involuntary manslaughter is the lowest charge in the homicide category, but a conviction still can result in prison time. A judge can issue a sentence of probation, which may be more likely if the defendant is represented by a Criminal Attorney in Fort Myers who can make a strong case for leniency. The maximum penalty for this conviction is 15 years in prison.
A probation sentence for this conviction can last that long too. Although probation can have very strict guidelines, the person still can be free. If probation is ever violated, a prison sentence may be the consequence.