12th Sep 2017
A criminal defense attorney in Miami Dade can explain the differences between involuntary manslaughter, voluntary manslaughter and murder. Involuntary manslaughter may be charged when a wrongful death occurs but the defendant did not intend for this to happen. This charge may be the result of drunk driving, a car accident or a self-defense case. Other information that a criminal defense attorney in Miami Dade may share about this type of charges includes:
Elements of Involuntary Manslaughter
Before the prosecution can secure a conviction for any crime, it must prove the elements of the crime. It has the burden of proving the following elements in involuntary manslaughter by proof beyond a reasonable doubt:
- That your actions caused someone else to die
- That your actions were inherently dangerous or that you did not have regard for the life of others when you committed them
- That you were aware or should have been aware that your actions were a threat to the lives of others
To meet this burden, the prosecution must show that you were reckless or culpably negligent.
Defenses to Involuntary Manslaughter
An experienced criminal defense attorney can analyze the facts involved in a particular case and determine legal defenses that may be available in the case, depending on the specific circumstances involved. For example, if you are charged because you got in a fight with someone else, a criminal defense attorney can determine whether a self-defense claim may apply. In other cases, your defense attorney may argue that the death was accidental and not based on careless or reckless action on your part. He or she may argue that the prosecution has failed to meet its burden because it cannot show that you committed the elements listed above by proof beyond a reasonable doubt.