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Here is the law for Involuntary Manslaughter in Missouri and while your son was charged with attempted it would seem a bit excessive unless he had alcohol in his system as no one died due to his accidental blow out which should not have been held against him in my opinion.Involuntary manslaughter, penalty.
565.024. 1. A person commits the crime of involuntary manslaughter in the first degree if he or she:
(1) Recklessly causes the death of another person; or
(2) While in an intoxicated condition operates a motor vehicle or vessel in this state and, when so operating, acts with criminal negligence to cause the death of any person; or
(3) While in an intoxicated condition operates a motor vehicle or vessel in this state, and, when so operating, acts with criminal negligence to:
(a) Cause the death of any person not a passenger in the vehicle or vessel operated by the defendant, including the death of an individual that results from the defendant's vehicle leaving a highway, as defined by section 301.010, or the highway's right-of-way; or vessel leaving the waterI hope that this information is helpful.
The charge was attempted vehicular manslaughter. Please clarify. Also can he be charged with a misdermeaner/felony. What he was told was that they didn't know if they should charge him with a misdermeaner or felony so it's a class C misdermeaner felony.
It can be charged as a misdemeanor or a felony as it is what is called a "wobbler"Involuntary manslaughter is a class D felony. And what I was saying is he was charged with Attempted, because no one died - but the charge is only good if he had any alcohol in his body since no one died. And that is why it is an attempted vehicular manslaughter - If you read the first part of the law.Let me know if this is not clear. I suggest it is a huge stretch for the circumstances that you describe and perhaps you should contact the District Attorney and find out what the facts of this matter are
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