Defense for Involuntary Manslaughter
In an involuntary manslaughter case, there is no need for the prosecutor to prove intent, as malice is not an aspect of the particular crime. Instead they must prove the following
- That the death of the other individual was caused by the defendant
- They were killed due to the defendant's negligent or reckless actions
- That the defendant should have been aware that their actions were dangerous and could risk serious injury or death to others
If a criminal defense attorney can be brought in from the beginning of a case, they can seek to defend all three of these aspects, keeping the prosecution from succeeding. There are three different defenses that are commonly used to help protect the rights of those charged with involuntary manslaughter. Each of them can play an important role in your case if you have a competent and knowledgeable Dallas criminal lawyer by your side to gather the necessary evidence.
Self-Defense: If the defendant's attorney can prove that they accidentally killed the other individual out of a need for self-preservation or protection from death, this can be a solid legal defense.
Wrongfully Accused or Arrested: There is always the chance that the individual was just in the wrong place at the wrong time and has been wrapped up in a case when they are completely innocent. Looking at the nature of the arrest and asking witnesses about the whereabouts of the suspect can help to clear false charges.
Accidental Death: This can be a trickier defense to use, but if the defendant's criminal lawyer can prove that they had absolutely no idea their actions would result in the death of another, they may be able to have charges diminished or dismissed as an accident.
It is always wise to consult with a qualified lawyer before assuming anything. Do not simply give in to charges without pursuing your right to an attorney who can fight on your behalf.