Defense Options for Involuntary Manslaughter
Nov. 25, 2018
If you were involved in an Illinois incident that resulted in the death of another person, charges may be brought against you. Although the charge typically depends on the circumstances and evidence, in situations where the death was inadvertent, the charges may be involuntary manslaughter. At Mockaitis Law, we defend clients against charges of crimes against persons, also referred to as violent crimes.
According to FindLaw, involuntary manslaughter occurs when a person disregards unjustifiable and substantial risk and takes action that causes an individual’s death. There are several legal defenses for these charges, based on the situation.
In this type of defense, the argument may challenge the unjustifiable and substantial risk aspect of the charges. There may be no proof of recklessness or negligence. You may not have any idea that your actions could result in injury, let alone death, of another person.
Protecting Oneself or Others
Acquittal is possible if it can be demonstrated that your actions were an effort to defend yourself or keep another person from serious harm or death. In these situations, the person who died is typically armed or believed dangerous.
Despite appearances, it is possible for a person to be in the wrong place at the wrong time. If you were inadvertently caught up in the proceedings and wrongfully arrested, your defense may be that you were falsely accused.
Regardless of the circumstances, the burden of proof still lies with the prosecution. There may be no conviction if the evidence, witness interviews and other legal techniques do not support a link between the parties involved. Visit our webpage for more information on this topic.