{"id":352088,"date":"2023-08-23T11:51:03","date_gmt":"2023-08-23T16:51:03","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/criminal\/criminal-charges\/involuntary-manslaughter-defenses.html"},"modified":"2023-08-23T11:51:03","modified_gmt":"2023-08-23T16:51:03","slug":"involuntary-manslaughter-defenses","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-charges\/involuntary-manslaughter-defenses.html","title":{"rendered":"Involuntary Manslaughter Defenses"},"content":{"rendered":"\n
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Involuntary Manslaughter Defenses<\/h1>\n\n
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\n By Eric Harvey, J.D.<\/a> | Legally reviewed by Melissa Bender, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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There are several defenses that may be available to a defendant facing an involuntary manslaughter charge. For example, they may argue that the death was an accident without criminal negligence, or that they acted in lawful self-defense. <\/p>\n\n <\/div>\n\n\n\n

Prosecutors trying to convict a defendant on\u00a0involuntary manslaughter\u00a0charges don’t need to prove intent. This is because malice is not an element of this crime. But the prosecution must show that:<\/p>\n

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  1. Someone was killed as a result of an act by the defendant;<\/li>\n
  2. This act was inherently dangerous or done recklessly; and<\/li>\n
  3. The defendant should have known the act threatened the lives of others<\/li>\n<\/ol>\n

    Generally speaking, a criminal attorney<\/a> will attempt to cast doubt on at least one of these three elements. They will do this to defend their client from an involuntary manslaughter charge.<\/p>\n

    In all such cases, the burden falls on the prosecution to\u00a0prove that the defendant somehow caused another person’s death<\/a>. Whatever the prosecution must prove, a necessary element of the crime is that it results in the death of another person.<\/p>\n

    Charges for this offense are not considered as serious as murder charges. But it’s important to know how to defend yourself if you’re facing such charges, regardless of their severity.<\/p>\n

    Below are some common involuntary manslaughter defenses. These can be used as possible defenses if you’re facing involuntary manslaughter charges. You can also talk to a criminal defense attorney<\/a> near you for help determining the strongest defense for your case.<\/p>\n

    ‘It Was in Self-Defense’<\/h2>\n

    Some state jurisdictions allow for the acquittal of involuntary manslaughter charges. There may be acquittal if defendants are able to prove they reasonably suspected that they were\u00a0protecting themselves.<\/a>\u00a0These states also may allow acquittal if the defendant was protecting another person from imminent death or serious harm.<\/p>\n

    For example, relevant California law requires those using this defense to prove they acted reasonably. Defendants must prove reasonable action given the circumstances, and that they didn’t use more force than was necessary.<\/p>\n

    Example<\/b>:<\/i>\u00a0An armed intruder enters your work. You reach for a pair of scissors and fatally stab him just as he cocks his gun to shoot. The same defense would not hold up if the intruder was unarmed. There wouldn’t have been a reasonable expectation that your life was in imminent danger.<\/p>\n

    ‘It Was an Accident’<\/h2>\n

    Sometimes accidents happen in the absence of\u00a0negligence or recklessness<\/a>. This particular defense would challenge the claim that the defendant acted irresponsibly. It would also challenge the idea that the defendant had any idea that their actions could have resulted in another person’s death.<\/p>\n

    Example<\/b>:<\/i>\u00a0A professional baseball player’s bat smashes into pieces upon making contact with a 98-mile-per-hour fastball. The largest piece hurtles into the stands and strikes a fan in the temple. The piece kills the fan. In this case, the batter had no\u00a0criminal intent<\/a>, was not acting negligently, and was otherwise acting lawfully at the time of the killing.<\/p>\n

    In a case where the involuntary manslaughter occurred as a result of driving under the influence<\/a> (DUI) or driving while under the influence (DWI), claims of the death occurring as a result of an accident will not be as useful as they otherwise would. Driving under the influence is considered a crime in and of itself. An offense of this type involving an automobile is considered vehicular manslaughter.<\/p>\n

    The Prosecution Has Insufficient Evidence<\/h2>\n

    Involuntary manslaughter cases are easier to prove than murder cases. This is the case because\u00a0murder cases require the element of criminal intent<\/a>. Prosecutors still have the burden of proof.<\/p>\n

    A criminal defense attorney<\/a> may challenge the state’s case through:<\/p>\n