Involuntary Manslaughter Charges
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There are two theories of Involuntary manslaughter under Massachusetts criminal law. The first theory is an unintentional killing caused by wonton or reckless conduct.
The second theory is the unintentional killing caused by a battery the person knew or should have known would create a high degree of likelihood that substantial harm would result to another. Under Massachusetts criminal law, Involuntary Manslaughter Murder may be found at Massachusetts General Laws, Chapter 265, Section 13.
Legal Elements of Involuntary Manslaughter By Wanton or Reckless Conduct
In order to be found guilty of Involuntary Manslaughter by Wanton or Reckless Conduct under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- the defendant caused the victim’s death;
- the defendant intended the conduct that caused the victim’s death; and
- the defendant’s conduct was wanton or reckless.
Wanton or reckless conduct is that which creates a high degree of likelihood that substantial harm will result to another. It is conduct involving a grave risk of harm to another that a person undertakes with indifference to or disregard of the consequences of such conduct.
Whether conduct is wanton or reckless depends either on what the defendant knew or how a reasonable person would have acted knowing what the defendant knew. If the defendant realized the grave risk created by his conduct, his subsequent act amounts to wanton or reckless conduct whether or not a reasonable person would have realized the risk of grave danger.
Even if the defendant himself did not realize the grave risk of harm to another, the act would constitute wanton or reckless conduct if a reasonable person, knowing what the defendant knew, would have realized the act posed a risk of grave danger to another.
Legal Elements of Involuntary Manslaughter By Battery
In order to be found guilty of Involuntary Manslaughter by a Battery under Massachusetts criminal law, there must be strong evidence of the following legal elements:
- the defendant caused the victim’s death;
- the defendant intentionally committed a battery upon the victim that endangered human life; and
- the defendant knew or reasonably should have known that the battery endangered human life.
Examples of Involuntary Manslaughter
The following are some factual examples of Involuntary Manslaughter.
- While under the influence of drugs or alcohol, motorist hits and kills a pedestrian or someone in another vehicle;
- Two woman are arguing at a soccer game while in the stands and one woman pushes the other woman causing her to fall from the stands and die from her injuries;
- Two men get into a fight over a gas station pump. One man punches the other man in the side of the head not knowing he has an underlying condition which ultimately leads to his death;
- A woman is driving. She reaches over into her purse to grab her lipstick. She pulls her mirror down and starts to apply her lipstick while not paying attention to the road. When she looks up, she crosses through an intersection and hits a pedestrian who dies.
- A father gives his son the wrong dose of medication thinking it would help his son stop crying and feel better. The son has a bad reaction and dies from an overdose;
- A teenage driver is going 115 mph down a backroad racing with his brother in another vehicle. When he takes a corner, he is unable to stop to avoid hitting a boy standing on the sidewalk.
Potential Punishment if Convicted of Involuntary Manslaughter in Massachusetts
A defendant convicted of Involuntary Manslaughter in Massachusetts shall be punished by state prison for not more than 20 years or in jail or house of correction for not more than 2 ½ years. This potential consequence may be found at Massachusetts General Laws, Chapter 265, Section 13.
If you have been charged with involuntary manslaughter charges and need representation, contact the Massachusetts Manslaughter Defense Lawyers at the Law Office of John L. Calcagni III call today at (508) 213-9113 to schedule a free consultation.
