Accusations of manslaughter can change the course of your life and leave you dealing with significant criminal and personal repercussions. You may end up with prison time, fines, and other penalties that can interfere with your life long after the incident. By working with a Fairfax manslaughter lawyer, you can protect your rights and minimize those potential consequences. Speak with our accomplished homicide attorney today.
Manslaughter is different from murder in several ways. The essential distinguishing factor between these crimes is the presence or absence of malice. Murder is the unlawful killing of another with malice, while manslaughter is the unlawful killing of another without malice. Malice is an essential element of murder and is what distinguishes it from the crime of manslaughter. Murder involves premeditation and the intent to kill or inflict serious injury. Manslaughter, on the other hand, may stem from recklessness or the heat of passion.
Voluntary manslaughter often occurs from extreme emotion or in the heat of the moment. The defendant intended to kill the other party or commit serious bodily harm, but only because of that extreme emotion.
Involuntary manslaughter occurs when the individual engages in reckless behavior or criminal negligence that leads to the death of another party. That could include, for example, the accidental discharge of an improperly-handled firearm.
Vehicular manslaughter, like involuntary manslaughter, usually results from recklessness with no intent to cause bodily injury or harm. Texting while driving, speeding excessively, or driving under the influence that results in the death of another party may result in vehicular manslaughter charges.
Aggravated involuntary manslaughter in Virginia has three essential elements that the prosecutor must prove: (1) driving under the influence in violation of Virginia Code Annotated § 18.2-266 or a substantially similar ordinance; (2) unintentionally causing the death of another as a result of this conduct; and (3) acting in a manner so gross, wanton and culpable as to show a reckless disregard for human life.
In Virginia, manslaughter is considered a Class 5 felony. Both voluntary and involuntary manslaughter, including vehicular manslaughter, can carry between 1 and 10 years in prison and a fine of up to $2,500. Aggravated involuntary manslaughter is classified as a felony punishable by a term of imprisonment of not less than one year nor more than 20 years, with one year constituting a mandatory minimum term of imprisonment.
While the legal penalties for manslaughter can feel steep enough, many people convicted of manslaughter find that it also impacts their personal lives. Individuals convicted of manslaughter may find it impossible to find work in their chosen fields or even lose licenses and certifications. In addition, they may have trouble renting a place to live.
When you are facing manslaughter charges in Fairfax, it is crucial to consult an attorney as soon as possible to discuss ways to avoid a conviction.
For individuals accused of manslaughter in Fairfax, working with a lawyer can prove essential to building a comprehensive defense. Common defenses include:
The heat of passion defense requires that the provocation “reasonably produces an emotional state of mind such as hot blood, rage, anger, resentment, terror, or fear” and must have “so aroused the anger of the assailant as to temporarily affect his reason and self-control. However, words alone, no matter how offensive or insulting they may be, are never sufficient provocation to reduce the offense of murder to manslaughter.
An attorney may also work to show that the incident occurred because of an accident, rather than due to gross negligence. Furthermore, they may show that their client had an alibi at the time of the event, including establishing a case of mistaken identity. Building a comprehensive defense can help the accused show their innocence or, in some cases, plead guilty to lesser charges, which may reduce the impact they face from those accusations.
If you have been accused of manslaughter, do not wait. Reach out to a Fairfax manslaughter lawyer to discuss the charges against you, the potential penalties you may face, and how to build a comprehensive defense. At The Leiva Law Firm, we have been fighting and winning courtroom battles for 25 years, and we have the experience you need to protect yourself while dealing with these serious charges.
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