In our last blog post, we discussed how DUI charges can lead to other criminal charges. One example of this would be if someone dies in a drunk driving accident. The alleged drunk driver could face charges for involuntary manslaughter. If you are facing this type of charge, you should make sure that you understand exactly what the charge means.
What is the key factor that determines if a homicide is involuntary?
Generally, a homicide that occurs during the commission of an act that is criminally negligent or reckless can be considered involuntary manslaughter. In the case of a deadly DUI crash, the drunk driving would be the element that is considered criminally negligent or reckless. This charge can have a big impact on the penalties you are facing if you are convicted.
What points are necessary for involuntary manslaughter charges?
There are three key points that are necessary for an involuntary manslaughter charge. The first point is that a human died because of the actions of the defendant. The second point is that the act was done with a disregard for human life that is considered reckless or that the actions of the defendant were inherently dangerous. The third point is that the defendant should have known that his or her actions were a threat to the safety of others.
If you are facing involuntary manslaughter charges as a result of a drunk driving crash, you should make sure that you understand how this charge can impact your life. Learning about the evidence against you and determining how to present a defense are crucial components of your case.
Source: FindLaw, "Involuntary Manslaughter Overview," accessed March 18, 2016