Fishers Manslaughter Lawyer
Manslaughter is a serious crime that can result in years behind bars and lifelong consequences upon conviction. Our law firm’s board-certified criminal defense lawyers can discuss these charges with you during a free case review. Contact our Fishers defense lawyers at The Criminal Defense Team for immediate assistance.
How Is Manslaughter Defined Under Indiana Law?
Manslaughter is a type of homicide involving the unlawful killing of another but without the same mental state or intent that is required of a murder charge. Indiana recognizes three different types of manslaughter offenses in the state:
Voluntary Manslaughter
Voluntary manslaughter occurs when someone intentionally kills another person, but they commit the crime while in an intense emotional state provoked by the victim’s wrongdoing. For example, if someone was harming your spouse and you responded by attacking the assailant, you could be charged with voluntary manslaughter if they died as a result. Because you were in a heat of passion at the time of the killing, you are not punished as harshly as you would be if you were charged with murder.
Involuntary Manslaughter
Involuntary manslaughter occurs when someone dies as a result of criminal recklessness or negligence. The defendant did not intend to kill anyone, but they engaged in actions that were risky and likely to result in harm to others, and someone died as a result. For example, a person may have been street racing when they accidentally killed someone else.
Vehicular Manslaughter
Vehicular manslaughter occurs when someone operates a motor vehicle while impaired by drugs or alcohol or otherwise driver recklessly or negligently and kills someone as a result.
What Are the Penalties for Manslaughter in Indiana?
The potential penalties that you could be facing depend on the specific crime you are charged with, as follows:
- Voluntary Manslaughter – Voluntary manslaughter is a Level 2 felony, punishable by up to 30 years in prison.
- Involuntary Manslaughter – Involuntary manslaughter is a Level 5 felony or a Level 6 felony, carrying a maximum prison sentence of six years.
- Vehicular Manslaughter – This offense is generally considered a Level 5 felony, with a possible prison sentence of up to six years. However, if you were intoxicated, the offense can be charged as a Level 4 Felony, punishable by up to twelve years in prison.
Additionally, you can be fined up to $10,0000 and have a criminal record that follows you around for the rest of your life if you are convicted.
What Defenses Can I Raise to Manslaughter Charges in Indiana?
Some defenses that can be raised in manslaughter cases include:
- Self Defense – You could raise this defense if you were acting to protect yourself or others from imminent harm.
- Defense of Home – You have the right to defend your home with reasonable force.
- Mistake of Fact – You may have acted based on a genuine misunderstanding of the situation.
- Insanity – This defense applies if you could not distinguish from right or wrong due to mental defect or disease.
- Illegal Search and Seizure – If law enforcement took evidence without a warrant or probable cause, that evidence could be suppressed. Without it, there may be insufficient evidence to convict you.
Contact Our Fishers Manslaughter Lawyer Today
If you are facing manslaughter charges, a Fishers manslaughter lawyer from The Criminal Defense Team can help. Call us at (317) 687-8326 to set up a free consultation.