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Contact Daniel Ambrose for fast answers to your criminal law questions. He can be reached at his office at (248) 624-5500, his cell phone (248) 808-3130 or by email at Daniel@ambroselawgroup.com
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| INVOLUNTARY MANSLAUGHTER |
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What is Involuntary Manslaughter? |
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Involuntary manslaughter is unintentionally killing someone while committing a crime or while being grossly negligent, that is acting in a fashion that consciously ignores the danger that he poses to the public. |
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Penalties:
- Up to 15 years in prison and/or $7,500
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Example:
- Drag racing on the highway.
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What Defenses are THERE? |
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The Deceased Person's Death Was Not Caused by the Perpetrator: |
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The prosecutor must prove that the victim's death was caused by the perpetrator. For example, John is cutting pancakes for his daughter while driving and not paying any attention to the road. If John sideswipes Mary's car when she drives through a red light, he could be innocent of involuntary manslaughter because the accident was actually caused by Mary's driving, even though John was driving in a grossly negligent manner. |
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Justification: |
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The Defendant had a legally recognized excuse for the killing, such as self defense, defense of another person, or accident. |
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Negligent, but not grossly negligent: |
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There is a difference between acting negligently and acting in a grossly negligent manner. To be grossly negligent, the person must have consciously ignored signs that what they were doing would pose a serious risk to the general public. For example, Rick knows that his tires are getting bald, but takes the car out for a drive anyways. The bald tires slip on a slick road and he runs off the road, killing a pedestrian. Rick would be innocent of involuntary manslaughter, because driving on bald tires would not be grossly negligent. If Rick had been driving his car after he's been warned by his mechanic that the front axle is about to fall off, that would be grossly negligent. |
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Jury Instruction |
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CJI2d 16.12
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The defendant is charged with the crime of involuntary manslaughter. To prove this charge, the prosecutor must prove each of the following elements beyond a reasonable doubt:
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First, that the defendant caused the death of [name deceased], that is, that [name deceased] died as a result of [state alleged act causing death].
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Second, in doing the act that caused [name deceased]'s death, the defendant acted in a grossly negligent manner.[FN 1]
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Third, that the defendant caused the death without lawful excuse or justification.
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Why Hire the Ambrose Law Group for your Drunk Driving Case? |
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We are Michigan Drunk Driving lawyers located in Walled Lake, Troy, Berkley, Roseville, and Oxford. We offer FREE case evaluations, and will give you personalized advice and information so that you know what you are up against and understand what defenses you have. We have the experience, the knowledge, and the resources to protect you.
Not All Law Firms Are The Same! Where most Drunk Driving Attorneys work alone, the Ambrose Law Group has a staff of trial lawyers to investigate, prepare, and defend you at trial! The lawyers of the Ambrose Law Group are graduates of the National College of Drunk Driving Defense, The Western Trial Advocacy Institute, and Gerry Spence's Trial Lawyer's College.
We engage in full discovery in every case. We can’t advise you on the best course of action in your case until we know everything about it. When we are hired, we immediately demand the police reports, in-car videos, and booking videos before the police have an opportunity to destroy them. Only after having reviewed the police reports and videos can we advise you on how to best resolve your case.
You may have defenses that other lawyers will not find for you. You should not simply walk into court and plead guilty without first having your case evaluated by a skilled, knowledgeable and trial-tested lawyer. Not all cases are defendable, but all situations are explainable. It only makes sense to know all of your options before making a decision that will affect the rest of your life.
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