Today, we dissect an important but often misunderstood segment of criminal law: involuntary manslaughter under NRS 200.070. If you or someone you know is grappling with such accusations, understanding this law is essential. Our aim is to clearly explain what involuntary manslaughter entails, the possible penalties if convicted, and effective defense strategies that could be employed.
How Does Nevada Law Interpret Involuntary Manslaughter?
In Nevada, involuntary manslaughter is defined as the unintentional killing of another person during the commission of an unlawful act or a legal but careless act. This distinction is crucial in understanding the nature of involuntary manslaughter and its place within Nevada’s hierarchy of homicide offenses.
Consider the following examples that may likely lead to charges of involuntary manslaughter in Nevada:
- A mishap where someone handling a loaded firearm accidentally discharges it, resulting in a fatality
- A hunter mistakenly shooting a person instead of an animal due to misidentifying rustling bushes
- A child discovering and ingesting cocaine stored irresponsibly in a medicine cabinet by a parent, leading to the child’s death
Involuntary manslaughter is considered the least severe homicide offense in Nevada, aside from vehicular manslaughter, primarily because the perpetrator did not have a deliberate intention to cause death or even expose someone to the risk of death. These incidents typically arise from negligence rather than malice or recklessness.
Comparing Nevada’s Homicide Offenses:
1. Second-degree Murder (NRS 200.030): Unlike involuntary manslaughter, second-degree murder involves an unplanned killing stemming from the perpetrator’s reckless behavior, which should have been recognized as potentially lethal. An instance of this might be dropping a heavy object from a height in an area where people are present below.
2. Felony Murder (NRS 200.030): Felony murder also involves an unintended killing but occurs during the execution of a severe criminal act distinct from those that might result in involuntary manslaughter charges. Felony murder charges arise if the killing happens amidst committing arson, robbery, kidnapping, sexual assault, or similar serious crimes.
3. Voluntary Manslaughter (NRS 200.050): This category involves killing someone in a sudden fit of passion due to provocation, where the act of killing is intentional but occurs under significant emotional duress.
4. Federal Involuntary Manslaughter (18 U.S. Code 1112): The federal interpretation closely mirrors Nevada’s, with a critical distinction being a harsher maximum penalty—up to 8 years in prison.
What Are the Penalties for Involuntary Manslaughter in Nevada?
In the state of Nevada, being found guilty of involuntary manslaughter is considered a serious offense, classified under category D felony pursuant to NRS 200.070. This classification outlines specific penalties for individuals convicted of this crime, signaling Nevada’s stance on such actions and the legal consequences that follow.
Penalties for Involuntary Manslaughter in Nevada:
Nevada State Prison: Individuals convicted of involuntary manslaughter face a possible prison term ranging from 1 to 4 years.
Monetary Fines: Along with potential prison time, offenders may also be subjected to fines up to $5,000, depending on the judge’s decision.
The complexity of criminal cases often offers room for negotiation and strategic defense, making it feasible under certain circumstances for a defense attorney to negotiate murder charges down to an involuntary manslaughter charge according to NRS 200.070. Achieving such a plea bargain can significantly reduce the severity of the sentence—from potentially facing life imprisonment or the death penalty to a maximum of four years in prison. Moreover, convictions under NRS 200.070 tend to carry less social stigma than those associated with higher degrees of murder charges, offering a crucial consideration for the defense’s approach in such cases.
Could Involuntary Manslaughter Charges Lead to Deportation?
Yes, involuntary manslaughter under NRS 200.070 is often viewed as an aggravated felony, risking deportation for non-citizens. It’s crucial for non-citizens to immediately consult with a skilled attorney to potentially reduce the charge and avoid deportation consequences.
What Are the Key Defenses Against an Involuntary Manslaughter Charge in Nevada?
Facing charges under NRS 200.070, or involuntary manslaughter, in Nevada can be a daunting scenario. However, there are several potent defense strategies that, when effectively implemented, can lead to reduced charges or even full dismissal of the case. Understanding and articulating these defenses is crucial for anyone navigating the complexities of such legal challenges.
Key Defenses Against Involuntary Manslaughter Charges:
1. Lawful Self-Defense or Defense of Others:
Under Nevada law, individuals have the right to protect themselves or others from imminent threats of death or serious bodily harm. This defense is justifiable as long as:
- The defendant genuinely believed that there was an immediate danger necessitating a defensive response.
- The force used in defense was proportional to the perceived threat and not excessive.
2. The Incident Was Unintentional and Not Due to Negligence:
Although involuntary manslaughter inherently involves unintended fatalities, legal exoneration requires proving that the death was genuinely accidental. This means demonstrating that during the incident:
- The defendant was not engaging in illegal activities.
- The actions leading to the death were not negligent or recklessly conducted.
Successfully arguing that the defendant’s involvement was completely free of illegal or negligent behavior can result in dismissal based on the incident being a true accident.
3. Wrongful Accusations:
False accusations can stem from various situations, including:
- Premature or inaccurate law enforcement conclusions, sometimes leading to a rush to judgment.
- Deliberate misleading accusations by someone holding a grudge or seeking revenge.
- Attempts by the actual perpetrator to deflect guilt onto the defendant.
In such cases, a rigorous defense strategy involves:
- Conducting a comprehensive investigation into the incident.
- Collecting all possible evidence, including video footage and eyewitness accounts, to exonerate the defendant and demonstrate their lack of involvement.
The Importance of Evidence and Diligence:
For these defenses to be effective, it is essential for the defense team to meticulously gather and present evidence that substantiates the chosen defense strategy. The burden of proof lies with the prosecution, which must establish the defendant’s guilt beyond a reasonable doubt. Failing to meet this standard due to compelling counter-evidence from the defense should lead to charges being dropped or significantly reduced.
Understanding and leveraging these defenses can greatly impact the outcome for those accused under Nevada’s NRS 200.070 statute, potentially offering a path to acquittal or lesser penalties.
Is It Possible to Seal a Conviction Record for Involuntary Manslaughter?
Yes, sealing a conviction record under NRS 200.070, or involuntary manslaughter, is possible, but it comes with specific conditions. Individuals must wait ten years from the conclusion of their case, which includes the completion of their sentence and any probationary period, before they can apply for record sealing.
Interestingly, if the charges are dismissed, the waiting period to apply for a record seal is waived, allowing for an immediate request to seal the record. However, irrespective of the circumstances, the process of sealing a record typically spans a few months.
What Are the Different Types of Homicide Charges in Nevada?
Nevada recognizes several categories of homicide beyond involuntary manslaughter. Each type of homicide charge is distinct and defined as follows:
- Attempted Murder (NRS 200.030): Engaging in an action with the intent to kill someone but not succeeding in causing death.
- Capital Murder (NRS 200.033): First-degree murder with one or more aggravating factors outweighing any mitigating circumstances could result in the death penalty.
- Vehicular Manslaughter (NRS 484B.657): Where death is caused by a driver’s negligence.
- Vehicular Homicide (NRS 484C.130): Causing a death while driving under the influence if the driver has at least three prior DUI convictions.
- Feticide (NRS 200.210): The act of killing an unborn child at any stage of gestation, excluding legal procedures carried out in licensed abortion clinics.
- Death by Drugs (N.R.S. 453.333): The provision of illegal drugs to someone, which results in their death, is classified as murder.
Understanding these offenses is vital as they come with varying degrees of severity and legal consequences.
For further legal assistance and to discuss your case with an expert, don’t hesitate to contact ATAC LAW.
