My name is XXXXX XXXXX I look forward to discussing this with you and providing information in this regard
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. If you need further information, please just send me a reply asking for clarification. After that, I hope you will enter a positive rating so that I will be credited for assisting you. Thanks again for using this service. Your business is appreciated.
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
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).