Incidents resulting in the unintentional death of another person can lead to manslaughter charges with potentially life-changing repercussions. If you are facing manslaughter charges, you should contact an experienced Omaha manslaughter attorney as soon as possible. A skilled lawyer can evaluate the evidence in your case and create a defense strategy on your behalf.
Any accident that results in a death of another is taken very seriously by prosecutors. As a result, these incidents often result in criminal charges, mainly if the conduct involved is criminally negligent or reckless. A seasoned homicide defense attorney can be vital in helping you fight your manslaughter charges.
Defining Manslaughter Under State Law
Under Nebraska Revised Statutes §28-305, individuals commit the crime of manslaughter when they cause the death of another person without malice during a fight or if they unintentionally cause someone’s death while committing an unlawful act. If the actions that caused the death were criminally negligent, reckless, or in violation of the law, then manslaughter will be charged. If the individuals had any malice or intent to cause death to others, however, then the charge will not be manslaughter.
One example of manslaughter might include situations that lead to bar fights and cause others to sustain a fatal injury. A manslaughter charge would almost certainly follow. An Omaha lawyer can make a big difference defending you against manslaughter charges.
Motor Vehicle Homicide
Motor vehicle homicide is a crime that is closely related to involuntary manslaughter. When drivers cause the death of others through a motor vehicle accident, they can face these charges. Neb. Rev. Stat. §28-306 states that individuals commit motor vehicle homicide when they unintentionally cause the death of another while driving in violation of state or local traffic laws.
Therefore, if drivers were impaired by drugs or alcohol when they caused a fatal accident, driving at a high rate of speed, or driving recklessly, they could face motor vehicle homicide charges. Whether individuals are facing manslaughter or motor vehicle homicide charges, the penalties can be severe, which makes it important to contact a defense attorney in Omaha as soon as possible.
Penalties for Manslaughter and Related Offenses
Manslaughter is a Class IIA felony and can result in a 20-year prison sentence. However, motor vehicle homicide is typically a Class I misdemeanor offense. A conviction for a Class I misdemeanor crime, according to Neb. Rev. Stat. §28-106, can result in jail time, a fine, or both.
Furthermore, if the proximate cause of death is the result of reckless driving, then the offense becomes a Class IIIA felony. Under Neb. Rev. Stat. §28-105, a conviction for a Class IIIA felony can result in three years in prison, plus 18 months of post-release supervision and a fine.
Likewise, if the death stems from impaired driving or driving with a revoked license, the offense is enhanced to a Class IIA felony. You can also face a revocation of your license for one to 15 years if convicted. If you have a prior DUI conviction or driving with a revoked license, then the charges can increase to a Class II felony, with a potential prison sentence of one to 50 years and a license revocation period of 15 years.
Call an Omaha Manslaughter Attorney
Situations that result in the death of others tend to garner a great deal of public sympathy. As a result, prosecutors sometimes will file more severe criminal charges than warranted. If you are facing criminal charges for manslaughter, you should reach out to an Omaha manslaughter lawyer immediately.
With a strong legal advocate on your side, you can work toward reducing or minimizing the penalties that you may face. Together, we can reach a better outcome in your case. Call Berry Law today.