My Rights When Charged with Manslaughter in Indiana
- Blog,
Manslaughter is a serious criminal offense in Indiana that can result in years behind bars if you are convicted. The Criminal Defense Team of Baldwin Perry & Wiley PC can represent you in these proceedings. When you retain our manslaughter attorney in Indianapolis, we can explain your legal rights when facing this difficult time, including:
The Right to Know the Nature of the Charges Against You
Manslaughter is a form of homicide, which is broadly the unlawful killing of a. human being. Manslaughter is divided into two categories:
Voluntary Manslaughter
Voluntary manslaughter occurs when a person intentionally or knowingly kills another person or a fetus. In this way, voluntary manslaughter is like murder. The difference is that the defendant acted under sudden heat. For example, if a spouse comes home to find the other spouse in the throes of passion with someone else, they may suddenly be overtaken by such anger. Because they are not thinking straight at the time and are under such emotional heat, the law mitigates the potential penalties the defendant will face.
Involuntary Manslaughter
Involuntary manslaughter is a criminal charge that is filed against a defendant when they kill someone else while attempting to commit or committing any of the following crimes:
- A Class A misdemeanor that poses an inherent risk of serious bodily injury
- A Level 5 or 6 felony that poses an inherent risk of serious bodily injury
- Battery
The crime can also be charged when a fetus is killed while attempting to commit or committing any of the crimes listed above or while violating statutes concerning operating a vehicle while intoxicated.
Under this law, involuntary manslaughter can be charged even when the death is the result of an accident.
The charges against you are formally read at your arraignment, unless you waive this right.
The Right to Know the Possible Penalties
You also have the right to know what the possible penalties are for the crime you are charged with. For involuntary manslaughter, you are charged with a Level 5 felony, punishable by one to six years in prison and a fine of up to $10,000.
For voluntary manslaughter, the crime is classified as a Level 2 felony. This crime is punished by a prison term of ten to thirty years and a fine of up to $10,000.
The Right to Remain Silent
One of the most important rights you have if you are charged with any crime is the right to remain silent. Police cannot use force or other ways to make you say something against your interests.
The Right to Have an Attorney Defend You
If you can be sentenced to a jail or prison term, you have the right to an attorney. The state can appoint a public defender if you can’t afford an Indianapolis defense lawyer, but many public defenders are overly taxed and have too many cases. At The Criminal Defense Team, we selectively limit our caseload so we can provide the proper attention to each client.
Learn More About Your Rights When You Contact the Criminal Defense Team Today
If you are facing criminal charges, an experienced criminal trial lawyer from The Criminal Defense Team of Baldwin Perry & Wiley P.C. can explain your legal rights and options for responding to the charges against you. Call (317) 678-9853 for a confidential consultation.