Involuntary Manslaughter [Opinion from Experienced Lawyer]

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Involuntary Manslaughter

Do you know what is involuntary manslaughter in Canada? Well, if you don’t know, you are in the perfect place you should be. We are going to discuss involuntary manslaughter in this article below for you. Let’s enrich your knowledge with the most reliable explanation of involuntary manslaughter.

In every lawsuit, man slaughtering is a severe criminal activity. No matter, it is intended to harm or kill someone or not. If someone gets involved with such a crime, it will be considered first-degree or second-degree murder. But in some cases, there is some situation where unintentional events take place.

In general rule, the punishment for manslaughter is very severe and extreme. But what if the manslaughter is involuntary and unintentional? These are the common variations of manslaughter, and one is voluntary or intentionally. Another is involuntary or unintentional.

This writing will explore everything about involuntary manslaughter and the common differences between voluntary and involuntary manslaughter. Keep reading the entire article for more.

Definition of Involuntary Manslaughter

When any types of homicide occur unintentionally for carelessness or negligence, it is known as involuntary manslaughter. Though it is an unintentional action, it will still be considered a criminal act and felony.

Usually, an accident killing or homicide is fallen under second-degree murder. But involuntary manslaughter is far more different than murder or intentional manslaughter. So, involuntary manslaughter can be of various types depending on the situation.

For example: If a driver is driving his car while driving, he hits and kills a pedestrian, then the driver may be fallen under the following case:

  • Not Guilty for the Crime: if the pedestrian’s family wants, they can file for compensation for their damage. And this kind of complaint will fall under the civil case. If that is the situation, then the driver has to pay for the damage that he made.
  • Convicted of the Unintentional Accident: If the driver acted recklessly after the accident. And if his action was not any ordinary negligence; for example, if the driver was drunk or anything like that. Then he will be convicted of unintentional or involuntary manslaughter.
  • Convicted of Second-degree Murder: Usually, second-degree murder refers to a murder that is not premeditated. And it usually occurs for the negligence or the recklessness of the offender. In such cases, if the driver’s action proves that his driving was that extreme with negligence. Then the court will consider that case as second-degree murder.

Definition of Voluntary Manslaughter

These kinds of manslaughter are also known as the heat of passion crime when a person falls into such crime out of their provocation. In other words, when someone is strongly provoked and executes someone out of the heat of their passion. This kind of crime is not considered first or second-degree murder.

Instead, it occurs as a result of human weakness and emotion. When the person does not have enough time to cool off from their anger, suppose a husband comes to his home and finds that his wife is cheating on him.

So, out of the anger, that action provokes him and kills that guy right there. In such cases, the court may take this case as emotional heat of passion and consider it voluntary manslaughter.

Punishment of Manslaughter

When someone is convicted of a crime like a manslaughter, the general and common punishment would be imprisonment. The prison time can vary depending on the circumstances and the level of the crime. If it is involuntary manslaughter with the involvement of a vehicle, then the prison time can be two to six years.

It would help if you remembered that the period of imprisonment does not rely on any kind of jurisdiction’s laws. Instead, the court will evaluate your particular case and will review it. Then the punishment will determine the circumstances and the recklessness of your offence.

Get Legal Help from an Experienced Lawyer

It is very important to get a consultation with an experienced lawyer. Because when you are charged with a criminal offence, you need to go through many things to protect your rights. In such a situation, the role of an experienced lawyer is inevitable. They will help you to establish a defence on behalf of you.

So, if you face and deal with any kind of criminal charges, you shouldn’t waste your time seeking professional legal help. An experienced lawyer will help you defend and negotiate for the plea deal and make sure the best possible outcome for you.

What is Involuntary Manslaughter in Simple Terms?

In simple terms, involuntary manslaughter is referring to unintentional homicide. Sometimes, it can be out of negligence and recklessness. But there is no intention for killing in involuntary manslaughter. The most common example of involuntary manslaughter is when a driver unintentionally kills someone by crashing under the influence of drugs or alcohol.

Why Is It Involuntary Manslaughter in Canadian Law?

Voluntary and involuntary manslaughter are quite different from each other. Voluntary manslaughter happens out of anger or out of the heat of passion for the moment. On the other hand, involuntary manslaughter, by definition, there is no intention for killings. That is why Canadian law marks it as involuntary manslaughter.

Can You Go to Jail for Not Saving Someone?

It will depend on the circumstances and situation. All the cases are different from others. In most cases, things happen too fast that the other person doesn’t get enough time to think.

In such cases, the situation is different. But if there is any chance to save other lives. Then it is a responsibility to save other lives. If the situation goes beyond, then you may also go to jail for not saving other life.

What’s the Highest Sentence for Involuntary Manslaughter?

The sentence for involuntary manslaughter will depend on the case and circumstances. But in most cases, the highest sentence that the court can impose is lifetime imprisonment.

What are the Consequences of Involuntary Manslaughter?

If your cases are related to vehicular manslaughter, then some states consider Involuntary and vehicular manslaughter differently. But in most cases, you may need to go through some kind of punishment or penalty because both are considered punishable felonies. The average punishment for involuntary manslaughter is two to five years of imprisonment with up to a $10000 fine.

Need Legal Help From an Experienced Criminal Lawyer in Regina?

Sometimes an accident happens with people, but they don’t understand what to do in those critical situations. Yeah, we understand your pain, don’t worry, we got your back. Just call us at +1 (306) 848-7777.

In the Bottom Line

Suppose you are dealing with a criminal charge and do not know what to do next. Then you may consult with an experienced professional criminal lawyer. It is always better to get a legal representative who can help you to move forward. You will find so many skilled lawyers in your area.

But you need to choose the correct one for you in terms of experiences, skills in the relevant field and so on. Hopefully, this writing helped you to understand the basic differences between voluntary and involuntary manslaughter.