Sometimes reckless, careless, or violent behavior unintentionally causes another person's death. Although the tragic result was an accident, the individual will likely face criminal charges. The aspect of intent is crucial in the legal proceedings, especially if the prosecuting attorney issues a charge of second-degree murder. A criminal defense lawyer focuses on the unintentional nature of the incident in an effort to achieve as positive an outcome as possible.
Manslaughter and Negligent Homicide
In many cases like this, the prosecution charges the defendant with involuntary manslaughter or negligent homicide. That's typical when reckless or negligent behavior led to a person being killed. A common example is a speeding driver causing a fatal collision.
Legally, voluntary manslaughter is more serious. The defendant behaved violently and killed someone. The aggression was intentional, but the fatality was not. Prosecuting attorneys can issue multiple charges in these cases. For example, the violent individual could also be accused of assault and battery.
Murder in the Legal Realm
These are different cases than second-degree murder. In that case, the defendant is accused of killing someone with intent. In the legal realm, it is considered less serious than first-degree murder because it happened spontaneously and was not planned beforehand.
Someone killing another person while experiencing uncontrolled rage may face this charge. The defense lawyer will want this changed to manslaughter.
Potential Positive Outcomes
In the legal system, manslaughter and negligent homicide are less serious offenses than second-degree murder. The best-case scenario would be for the defense lawyer to succeed in having the charges dropped or the case dismissed, but that isn't always possible. Reduced charges would also be considered a positive outcome.
Leniency in Sentencing
The lawyer advocates for leniency in sentencing since the incident was accidental. The chances of this outcome are much higher if the client was not doing something illegal. Shooting someone while in the woods hunting deer is an example. In contrast, killing someone when driving under the influence was caused by illegal behavior.
Whether the defendant pleads guilty in a deal with the prosecutor or is found guilty at trial, some period of incarceration is to be expected. A defense attorney works to convince a judge to issue the minimum sentence allowed by law.
Getting Started
A person in this situation who wants to hire a defense attorney can schedule a consultation to explain what has happened. If the two decide to work together, the lawyer provides a contract and goes over the details. Hiring an experienced private lawyer increases the likelihood of a more positive case outcome for the defendant.
For more information, contact a local criminal defense lawyer near you to learn more.
