Manslaughter Charges in Washington
Next to murder, manslaughter is the second most serious violent crime a person can commit. Manslaughter is defined as the unlawful killing of a human being without deliberation, premeditation, or malice; the unlawful killing of a human being without any deliberation, which may be involuntary, in the commission of a lawful act without caution and circumspection.
People will often confuse murder and manslaughter, but the essential different lies in the intent of the criminal. In order to be considered murder, a malicious aforethought must be present before the killing; but in cases of manslaughter, a person is killed without premeditation or intent. Manslaughter results either from an accident or from a person’s negligent or careless behavior rather than a malicious intent to end another person’s life.
If you are facing manslaughter charges in Lynnwood, you most certainly have felt the fear and anxiety that frequently accompanies this type of criminal charge. Our defense attorneys have worked with many Washington clients who were scared and fearful about their futures and about the futures of their families as well after being charged with manslaughter.
When you consider the harsh penalties for manslaughter convictions, this fear is highly understandable, and your Lynnwood violent crimes attorney will do everything they can to make this difficult situation easier.
Voluntary & Involuntary Manslaughter: Key Differences
Manslaughter offenses are divided into two different categories in Washington for sentencing purposes:
Voluntary Manslaughter
Voluntary manslaughter entails an intentional killing that is accompanied by additional circumstances that mitigate, but do not excuse, the killing. The most common types of voluntary manslaughter occur when a defendant is provoked to commit the homicide. Sometimes described as a heat of passion killing, the provocation must induce anger, rage, fear or terror in the defendant who is then driven to commit the homicide.
Involuntary Manslaughter
Involuntary manslaughter is the unlawful killing of another human being without intent. The absence of the intent element is the real difference between voluntary and involuntary manslaughter. Involuntary manslaughter often results from carelessness during the commission of a lawful or unlawful act. If involuntary manslaughter results from a high degree of negligence or recklessness, it is considered to be criminal-negligence manslaughter, and if it results from the defendant attempting to commit an unlawful act like a misdemeanor.
Washington Vehicular Manslaughter Charges
Vehicular manslaughter, also known as vehicular homicide, is the crime of causing death to another human being because of reckless driving, speeding, or driving under the influence of drugs or alcohol.
Vehicular manslaughter will be charged if an individual causes another’s death because of criminal negligence or if a traffic safety law is violated.
If driving under the influence (DUI) is responsible for causing the accident, the vehicular manslaughter charges may be elevated to a felony offense, increasing the severity of the penalties if conviction occurs. Even though many vehicular manslaughter charges occur because of accidents, oftentimes a driver’s carelessness or negligence was the cause of another person’s death. Sometimes road conditions, traffic patterns, or environmental factors can contribute to an accident making it seems like a person is responsible for vehicular manslaughter.
In Washington, vehicular homicide is a Class A felony, and if a victim dies of their injuries within three years of an accident caused by a driver who was drunk, reckless, or disregarding the safety of others, heavy penalties will be implemented. Driver’s license revocation, jail, fines, and electronic home monitoring are the most common sentences for vehicular manslaughter and homicide convictions.
Sometimes in cases of vehicular manslaughter, the victim or the victim’s family will bring a civil suit against the driver for injuries or wrongful death. In these situations, it will also be very helpful to have a violent crimes attorney fighting for you and protecting your interests.
Contact a Lynnwood Violent Crimes Lawyer today if you are facing manslaughter charges! We defend clients in Lynnwood, Everett, Kirkland, and surrounding areas.