Indianapolis Manslaughter Lawyer
Charged with Manslaughter in Indianapolis?
In Indiana, manslaughter is a Level 2 felony that involves the killing of another person without premeditation. While manslaughter is considered to be a lesser offense than murder in Indiana, charges can carry severe penalties in the form of imprisonment and fines.
If you have been charged with manslaughter, you are facing a legal emergency. It is important that you retain the services of an experienced Indianapolis manslaughter defense attorney as soon as possible.
At The Criminal Defense Team, we understand how serious your situation is and how to build a strong defense strategy. Our team of Indianapolis manslaughter attorneys is comprised of former prosecutors who can help you fight the charges against you and help you obtain the best possible outcome in your case.
Why Choose the Indianapolis Manslaughter Attorneys at The Criminal Defense Team?
A conviction of voluntary or involuntary manslaughter can come with up to 30 years of imprisonment; quite literally, your future and freedom are on the line. With so much at stake, you need an experienced criminal defense attorney on your side. The choice you make in your attorney can have a dramatic impact on the outcome of your case.
Some of the reasons you should consider hiring The Criminal Defense Team of Baldwin Perry & Wiley PC include:
- A Team of Former Prosecutors: Our team consists of former prosecutors. We know how the other side handles cases and we can anticipate their strategies. We can also work with our former co-workers to negotiate favorable plea bargains and fight for reduced charges when the case merits it.
- Board-Certified Specialists: Board certification is a rare accolade that only a small number of attorneys in a state can claim. It requires showing proficiency in a particular area of the law and passing a written exam. In Indiana, there are only five Board-Certified* Criminal Trial Specialists. Four of these attorneys are right here at The Criminal Defense Team. When you hire us, you know we have the knowledge and tenacity to build the best possible defense strategy in your case.
- Experience: There is no substitute for relevant experience. Our lawyers boast more than 110+ years of combined experience we can put to use to fight for the best outcome possible for your case.
- Collaborative Team Approach: When you hire our firm, you benefit from the combined knowledge and experience of our attorneys. Multiple attorneys can work on your case, providing the resources and attention you need. We focus exclusively on criminal law, so you can trust that we have the singular goal of helping you throughout the criminal justice system.
- Results: We have successfully represented individuals who faced murder, manslaughter, and other serious criminal charges.
When you hire our firm, you can trust us to assist you with every step in the legal process from the initial investigation to trial representation. We will gather evidence to help establish your defense and fight to protect your rights every step of the way. Contact the manslaughter lawyers in Indianapolis today to take advantage of a confidential case review where we can discuss how we can help.
Request your consultation today by calling (317) 687-8326 or filling out our online contact form.
How Our Skilled Indianapolis Manslaughter Attorneys Can Help You
If you are facing manslaughter charges, The Criminal Defense Team can help you fight back and protect your rights. When you hire us, we can:
Provide You with Sound Legal Advice
You will likely encounter many important decisions during your case. Our knowledgeable criminal defense lawyers can help you navigate the complex legal process and safeguard your rights. They will provide sound legal advice every step of the way.
Investigate Your Case
Our investigative team can dig into your case to identify all possible defenses, mitigating factors, and legal strategies that are calculated to be effective in your case. We can interview witnesses and gather evidence to help build your defense.
Negotiate with the Prosecutor
Your Indianapolis manslaughter lawyer may be able to negotiate a plea agreement with the prosecuting attorney that shields you from the harshest penalties possible. An experienced manslaughter lawyer can negotiate aggressively for the best deal possible under the circumstances. We can then consult with you to advise you of the pros and cons of the options available to you.
Represent You in Court
When you’re facing serious charges like manslaughter, you need a trial attorney who will have the skills and resources to take your case to court and fight tirelessly for your acquittal. Our firm has represented countless clients in your position. We will do everything we can to bring about the best possible outcome in your case.
Manslaughter Laws in Indiana
In Indiana, manslaughter is a criminal offense that involves the unlawful killing of another person. Indiana’s laws differentiate between two types of manslaughter charges: voluntary manslaughter and involuntary manslaughter.
Voluntary Manslaughter
A person commits voluntary manslaughter when they knowingly or intentionally kill another person, or fetus in any stage of development, while acting under sudden heat. Sudden heat describes the defendant’s emotional state during the time of the killing and involves a strong emotional reaction like rage, terror, or hatred, that is triggered by another person’s actions or words. Essentially, the emotional reaction renders the defendant incapable of premeditation or deliberation.
IC 35-42-1-3 Voluntary manslaughter
Sec. 3. (a) A person who knowingly or intentionally:
(1) kills another human being; or
(2) except as provided in section 6.5 of this chapter, kills a fetus in any stage of development;
while acting under sudden heat commits voluntary manslaughter, a Level 2 felony.
(b) The existence of sudden heat is a mitigating factor that reduces what otherwise would be murder under section 1(1) of this chapter to voluntary manslaughter.
If you are being charged with murder rather than manslaughter, reach out to our Indianapolis murder lawyers today to learn more about the difference and how this could affect your case.
Involuntary Manslaughter
A person commits involuntary manslaughter if they unintentionally kill another person, or fetus at any stage of development, while committing or attempting to commit crimes that pose a serious risk of bodily injury. In Indiana, involuntary manslaughter can be charged as a Level 5 or Level 6 felony, depending on the circumstances.
IC 35-42-1-4 Involuntary manslaughter
Sec. 4. (a) As used in this section, “fetus” means a fetus in any stage of development.
(b) A person who kills another human being while committing or attempting to commit:
(1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;
(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury; or
(3) battery;
commits involuntary manslaughter, a Level 5 felony.
(c) Except as provided in section 6.5 of this chapter, a person who kills a fetus while committing or attempting to commit:
(1) a Level 5 or Level 6 felony that inherently poses a risk of serious bodily injury;
(2) a Class A misdemeanor that inherently poses a risk of serious bodily injury;
(3) a battery offense included in IC 35-42-2; or
(4) a violation of IC 9-30-5-1 through IC 9-30-5-5 (operating a vehicle while intoxicated);
commits involuntary manslaughter, a Level 5 felony.
Penalties for Manslaughter in Indiana
In Indiana, voluntary manslaughter is considered a Level 2 felony, which is one of the most serious felony classifications. The penalties for voluntary manslaughter include a potential term of imprisonment of up to 30 years and a fine of up to $10,000.
Sec. 4.5. A person who commits a Level 2 felony shall be imprisoned for a fixed term of between ten (10) and thirty (30) years, with the advisory sentence being seventeen and one-half (17 1/2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
As added by P.L.158-2013, SEC.656.
In Indiana, involuntary manslaughter can be charged as a Level 5 or Level 6 felony, depending on the specific circumstances. A Level 5 felony carries a potential prison sentence of up to 6 years and a fine of up to $10,000, while a Level 6 felony carries a potential sentence of up to 2.5 years and a fine of up to $10,000.
An involuntary manslaughter conviction can carry prison time of up to 8 years when charged as a Level 5 felony and up to 3 years when charged as a Level 6 felony. Additionally, both Level 5 and 6 felony convictions can come with fines of up to $10,000.
IC 35-50-2-6 Class C felony; Level 5 felony
Sec. 6. (a) A person who commits a Class C felony (for a crime committed before July 1, 2014) shall be imprisoned for a fixed term of between two (2) and eight (8) years, with the advisory sentence being four (4) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) A person who commits a Level 5 felony (for a crime committed after June 30, 2014) shall be imprisoned for a fixed term of between one (1) and six (6) years, with the advisory sentence being three (3) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
IC 35-50-2-7 Class D felony; Level 6 felony
Sec. 7. (a) A person who commits a Class D felony (for a crime committed before July 1, 2014) shall be imprisoned for a fixed term of between six (6) months and three (3) years, with the advisory sentence being one and one-half (1 1/2) years. In addition, the person may be fined not more than ten thousand dollars ($10,000).
(b) A person who commits a Level 6 felony (for a crime committed after June 30, 2014) shall be imprisoned for a fixed term of between six (6) months and two and one-half (2 1/2) years, with the advisory sentence being one (1) year. In addition, the person may be fined not more than ten thousand dollars ($10,000).
To get a conviction, the prosecutor typically relies on various types of evidence, such as:
- Witness testimonies: Eyewitnesses or individuals with knowledge of the events leading to the death may provide statements or testimony to establish the defendant’s actions and state of mind.
- Physical evidence: Forensic evidence, such as autopsy reports, medical records, or crime scene analysis, can help establish the cause of death and support the prosecutor’s argument.
- Expert testimony: Expert witnesses, such as medical professionals or accident reconstruction specialists, may be called upon to provide their professional opinions and interpretations of the evidence.
- Documentary evidence: Any relevant documents, such as police reports, photographs, or surveillance footage, can be introduced to support the prosecution’s case.
Your manslaughter attorney in Indianapolis will combat this evidence with persuasive legal arguments and their own evidence.
Just as the prosecutor can present evidence in your case, you have the right to present evidence to aid in your defense. Your lawyer can help evaluate the potential defenses to raise in your case.
Let Our Team Defend You Today
If you are facing charges for manslaughter in Indiana, do not hesitate to reach out to an experienced Indianapolis manslaughter lawyer for assistance. The Criminal Defense Team has four Board-Certified* Criminal Trial Specialists who understand what it takes to obtain the most favorable outcomes in the face of the most serious charges. Do not hesitate to let our Indianapolis manslaughter lawyer defend you from start to finish.