Marinaro Law Firm

Marinaro Law Firm

Toll Free:
866-614-6520

Fierce Dedication To Detail, A Force In The Courtroom

Marinaro Law Firm

Marinaro Law Firm

Fierce Dedication To Detail, A Force In The Courtroom

Home 9 Violent Crimes 9 What Should I Know About Being Charged with Involuntary Manslaughter in PA?

What Should I Know About Being Charged with Involuntary Manslaughter in PA?

A police officer takes a photo of evidence on the ground with another police officer and a body bag in the background.

Understanding involuntary manslaughter in Pennsylvania is crucial for those facing such charges or seeking legal clarity. Pennsylvania law categorizes involuntary manslaughter as the unintentional killing of another person due to reckless or negligent behavior. This definition distinguishes it from voluntary manslaughter, which involves intent.

If convicted, the penalties you face can be severe. You may face potential felony charges and lengthy prison sentences, depending on the circumstances. That’s why you need to understand what involuntary manslaughter in PA entails, as well as how to build a strong defense with the help of an experienced legal team.

In this piece, we will explore the legal definitions, possible defenses, and the crucial role a defense attorney plays in navigating these complex legal waters. Whether you’re a potential defendant or a concerned family member, we aim to provide you with authoritative insights and reliable legal support, empowering you to make informed decisions. Contact us for the best criminal defense in Lancaster, PA.

The Definition of Involuntary Manslaughter in PA

Involuntary manslaughter in PA is defined as: “A person is guilty of involuntary manslaughter when as a direct result of the doing of an unlawful act in a reckless or grossly negligent manner, or the doing of a lawful act in a reckless or grossly negligent manner, he causes the death of another person.”

Pennsylvania law classifies this offense as a misdemeanor of the first degree. If the crime involves a child under 12 years of age, the charges elevate to a felony of the second degree. The standard for determining whether the actions are reckless or negligent involves what a reasonable person would recognize as creating a substantial risk of causing death or serious bodily injury.

A gavel resting on a base that has a "Manslaughter" plaque on it with a pair of handcuffs resting against it.

What’s the Difference Between Involuntary and Voluntary Manslaughter?

The distinction between involuntary and voluntary manslaughter lies primarily in the element of intent. In Pennsylvania, involuntary manslaughter is when a person commits a misdemeanor of an unlawful or lawful act in a reckless or grossly negligent manner and causes the death of another person. It occurs without the desire to cause severe harm or death but results from actions deemed careless or irresponsible, failing to meet legal or societal standards of caution.

On the other hand, voluntary manslaughter involves an intentional act where the offender has the intent to kill or inflict serious harm. This charge is often applied in cases where the defendant acted in the “heat of passion” following provocation by the victim, which might mitigate the charge from criminal homicide to manslaughter.

Both charges carry severe penalties, but voluntary manslaughter is typically viewed as more severe due to the presence of intent, leading to longer potential prison sentences and harsher legal repercussions. Understanding these differences is crucial for legal defense strategies.

Potential Legal Consequences of an Involuntary Manslaughter Conviction

An involuntary manslaughter conviction in Pennsylvania can lead to severe legal consequences, impacting various aspects of your life. Typically classified as a first-degree misdemeanor, an involuntary manslaughter conviction may result in up to five years in prison and significant fines. However, suppose the offense involves a child under 12 years of age and falls under the care, custody, or control of the person being charged with death by involuntary manslaughter. In that case, the charge may escalate to a felony of the second degree.

This elevation can lead to up to ten years in prison and even steeper fines. Beyond imprisonment and financial penalties, a conviction can have long-term repercussions, including a permanent criminal record that can affect employment opportunities and personal relationships. The social stigma and emotional toll can also be profound. Given these severe consequences, it is crucial to seek experienced legal counsel to explore all possible defenses and mitigate the impact of such charges.

What Are Some Common Defenses Against Involuntary Manslaughter Charges?

Defending against involuntary manslaughter in PA requires a strategic approach, focusing on the specific circumstances of the case. One common defense is challenging the prosecution’s claim of recklessness or gross negligence. If the defendant’s actions can be shown to have been reasonable or not inherently risky, the defense may argue that the standard of negligence was not met.

Another defense involves demonstrating a lack of causation, arguing that the defendant’s actions did not directly cause the death of another person. Additionally, if the act leading to the death was lawful and executed without negligence, this could serve as a defense.

In some cases, the defense might present evidence of intervening factors that contributed to the fatal outcome, thereby diluting the defendant’s responsibility. Each defense strategy requires meticulous examination of evidence and a strong understanding of legal nuances, underscoring the importance of engaging an experienced defense lawyer, like Attorney Marinaro in Lancaster, PA, to navigate these complex charges.

Frequently Asked Questions on Involuntary Manslaughter

Understanding the intricacies of involuntary manslaughter in PA often involves addressing common questions and concerns. Consulting with a defense attorney is crucial for personalized advice and addressing specific questions about the charges and legal strategies available. However, here are some common questions about involuntary manslaughter.

What Differentiates Involuntary Manslaughter from Other Types of Homicide?

Involuntary manslaughter stands apart from other types of homicide primarily due to the absence of intent. Unlike murder, which involves a deliberate intention to kill or cause severe harm, involuntary manslaughter occurs unintentionally as a result of reckless or grossly negligent actions.

Voluntary manslaughter, while also distinct from murder, involves killing in the “heat of passion” with intent, often following provocation. The critical element that differentiates involuntary manslaughter is the lack of a planned or intentional act to cause death.

This makes it less severe in the eyes of the law compared to murder charges, which carry more significant penalties. Furthermore, while both murder and voluntary manslaughter can involve violent acts, involuntary manslaughter may occur during lawful acts conducted carelessly.

Can Involuntary Manslaughter Charges Be Reduced or Dismissed?

Two people shaking hands with a gavel between them.

Involuntary manslaughter charges in Pennsylvania can potentially be reduced or dismissed, depending on the specifics of the case and the defense strategies employed. A skilled defense lawyer, such as Attorney Marinaro, might seek to have charges reduced by negotiating with prosecutors, especially if the evidence is circumstantial or weak in proving recklessness or negligence. Demonstrating that the defendant’s actions did not directly cause the death or that other intervening factors played a significant role could also lead to a lesser charge or dismissal.

Additionally, if procedural errors occurred during the arrest or investigation, such as violations of the defendant’s rights, a motion to dismiss might be filed. It’s also possible to argue that the actions were not intentionally, knowingly, recklessly, or negligently committed.

What Should I Do Immediately After Being Charged with Involuntary Manslaughter?

If charged with involuntary manslaughter in Pennsylvania, taking immediate and strategic actions can significantly impact the outcome of your case. Here are four things you should do:

  1. First, prioritize securing a qualified and experienced defense attorney who specializes in criminal defense and has a proven track record in handling severe charges. This legal expert will guide you through the complexities of the legal process, ensuring your rights are protected and advising you on the best course of action.
  2. Avoid discussing the case with anyone other than your lawyer to prevent unintended self-incrimination. Gathering and preserving any evidence related to the incident is crucial, as it can support your defense.
  3. Additionally, document your version of events while details are fresh in your memory.
  4. Maintain a low profile and avoid any actions that could worsen your legal standing.

By acting promptly and wisely, you increase your chances of navigating the legal system effectively and securing a more favorable outcome.

Get Help from a Criminal Defense Lawyer Today!

Facing involuntary manslaughter in PA is a serious matter that requires immediate and expert legal intervention. Engaging a skilled criminal defense lawyer is crucial in protecting your rights and crafting a robust defense strategy. At the Marinaro Law Firm in Lancaster, PA, we bring over 30 years of legal experience and a unique forensic background to each case.

Our comprehensive understanding of Pennsylvania law allows us to identify weaknesses in the prosecution’s case and explore all possible defenses. As a solo practice, we offer personalized attention and a commitment to defending your interests aggressively. We have a reputation for preparing every case with the diligence necessary for a courtroom showdown, ensuring you receive the support and representation you deserve.

Don’t navigate these challenging legal waters alone. Please schedule a consultation with us today to discuss your case and explore your legal options. Your future and freedom may depend on it.

Resources:

brand
  • american
  • national
  • satisfaction
  • lifetime