What is involuntary Manslaughter?The definition of involuntary manslaughter is an illegal killing of another person without any hatred acts or prior consideration/plan to kill. In order for someone to be charged with involuntary manslaughter, the person who had done the killing must have done so without any intention or prior planning. In many different states the definition and the requirements for involuntary manslaughter may vary. Normally, there are two different ways to commit involuntary manslaughter;
1. When a person causes the death of another human during a legal act that is performed with a high level of carelessness or,
2. When a person causes the death while committing or trying to commit a low level illegal act.
What is the involuntary manslaughter punishment in the state of California?According to the Penal Code 192 PC California’s law on involuntary manslaughter is classified as a felony. If convicted the person can be looking at probation with up to one year in the county jail or two to four years in the California State Prison. Also, along with those punishments the individual could be facing a maximum fine of $10,000, lose their rights to own or use a firearm and if the person has a professional license the state could hold these back.
What is the sentencing for involuntary manslaughter?The sentence for involuntary manslaughter will depend on whether the conviction was state or federal. If the involuntary manslaughter was convicted in the federal court the sentence can vary anywhere between one to six years depending on the judge’s decision. If the involuntary manslaughter was convicted in the state court then the states guidelines will apply and the decision will depend on the states laws. Within some states the amount and duration of the sentence will all depend on the severity of the case and or crime. In these types of cases, the judge will make the decision on whether the situation is low, middle or higher severity, and then the person will be sentenced for an amount of years depending on that level.
In the state of Michigan if a person was convicted of involuntary manslaughter, after 22 years can they get this conviction expunged from their record?The state of Michigan does allow certain convictions to be expunged from a person’s record of specific misdemeanor convictions. If someone was convicted with a felony the state law will not allow these convictions to be expunged. If the individual had been convicted with a misdemeanor and the conviction was over five years ago and they have had no other convictions, then this person may be allowed to have this removed from their record. Each case is determined on an individual basis.
If someone had been arrested and suspected to be involved in an involuntary manslaughter case how long can the jail hold this person without any charges or claim?In most situations, this person would normally be charged and have a claim within 72 hours of the time they were arrested, and this person will also have the right to a preliminary hearing within 12 days after the 72 hours have passed. That is only if the individual orders a preliminary hearing.
Involuntary manslaughter is a serious crime, when convicted of involuntary manslaughter there are many consequences that will follow such as showing up on that person’s criminal record, banned from owning a firearm, trouble finding a job, trouble renting from somewhere where the company runs a back ground check, and also the state will not allow certain professional licenses when convicted of these crimes. These consequences are long lasting; often times a lawyer can help by reducing some of these charges. For more information when being convicted of involuntary manslaughter contact the Experts.