Because both manslaughter and murder include the wrongful killing of a person, they are equivalent criminal offenses. Manslaughter is a less serious crime than murder, nevertheless. Murder is motivated by malice and thought. As a result, someone found guilty of murder could receive a life sentence without parole, the death penalty, or both.
Even though you had no intention of killing anyone, being accused and found guilty of manslaughter nevertheless paints you as a murderer. Manslaughter convictions can result in lengthy prison sentences, steep penalties, disruption of your life, and even difficulty being hired for certain jobs.
Manslaughter is a form of homicide, much like murder, although it is less serious because it lacks the intent necessary for a murder conviction. Manslaughter is distinct from murder in that it involves killing without intent or planning. In Nevada, there are two categories of manslaughter: voluntary and involuntary.
The potential legal repercussions of vehicular homicide accusations for those accused will depend on a long list of mitigating circumstances. Numerous fatal car accidents are the consequence of straightforward traffic collisions. The loss of life in each of these situations is heartbreaking, especially given that it was totally unintended.
Criminal charges against specific individuals may not be warranted given the vehicle fatality circumstances. Each case has its own particulars, but it’s important to be aware that in the state of Nevada, a charge of vehicular homicide or another charge of DUI causing death or great bodily harm can result from any accident that results in a death where the driver had a blood alcohol level content that was higher than the legal limit.
The moment to start protecting your future is now if you have been charged with manslaughter in Nevada or have been arrested on suspicion of doing so.
What Is the Nevada Definition of Manslaughter?
Nevada law defines manslaughter as the unlawful killing of a person. What distinguishes it from murder is that the killing is not carried out with malice or thought. Manslaughter may occur either voluntarily or unwillingly in Nevada.
What Exactly Is Voluntary Murder?
According to Nevada law, voluntary manslaughter is the unlawful killing of a person motivated by anger, a violent impulse, or provocation.
This implies that whatever sparked the rage or violence must happen right before the killing, leaving no opportunity for reflection (no “cooling off”).
A husband can kill both of them right away if he enters his home and discovers his wife in flagrante delicto, having a sexual relationship with another man. Ten years in jail is the maximum sentence for voluntary manslaughter.
As a Category B felony, voluntary manslaughter is murder. This indicates that a minimum of one year in a Nevada prison is the penalty. The maximum prison term is 10 years, and a fine of up to $10,000 may also be imposed.
How Is Involuntary Manslaughter Defined in Nevada?
The state of Nevada defines involuntary manslaughter as the intentional killing of a human person. In other words, the person harms someone but does not intend to harm them. To intentionally kill someone is to commit voluntary manslaughter.
Involuntary manslaughter in Nevada is a Class D crime. It carries a prison sentence of one to four years and a $5,000 fine.
Is Vehicular Homicide Regarded as Voluntary or Involuntary Homicide in Nevada?
The state does not classify vehicular homicide as either voluntary or involuntary homicide. It is instead a different criminal charge. When a person kills another person using a vehicle, this is known as vehicular manslaughter.
It should not be confused with vehicular homicide, which calls for three prior DUI convictions and an impaired driver.
Due to the fact that it results from basic negligence, vehicular manslaughter is a misdemeanor charge. This indicates that the driver did not behave in a reasonable manner in the same or similar conditions. Simple neglect can be compared to a mistake, most likely the outcome of a brief lapse in concentration.
In Nevada, a misdemeanor charge of vehicular manslaughter carries a maximum 1-year license suspension, $1,000 in fines, and a maximum 6-month jail sentence. Two years after the case is over, the record of this offense may be sealed.
The good news is that habitual DUI offenders are the focus of laws against vehicular murder. If no alcohol or drugs are present, you can be prosecuted with vehicular manslaughter rather than vehicular murder in Nevada because it is a distinct crime that has nothing to do with DUI convictions.
The crime of vehicular murder may be brought against you by the prosecution if they think you to have been driving recklessly or with gross negligence during the collision.
It is simple to be charged with vehicular manslaughter because the law considers it sufficient if a fatality occurred as a result of an accident caused by your negligence or other factors outside of your control. Simple acts of negligence include failing to yield, running through red lights, and using a cell phone while driving.
What the Prosecution Must Prove to Get a Conviction for a Vehicle Homicide
Prosecutors must follow a three-step legal process to establish a defendant’s guilt in a vehicular homicide prosecution in Nevada. In most cases, a person must be proven guilty of the following offenses beyond a reasonable doubt in order to be found guilty of vehicular homicide rather than only being negligent.
- The aforementioned car accident has resulted in the death of a victim or victims.
- The accused of vehicular homicide’s use of a motor vehicle directly contributed to the death of the victim or victims.
- When the accident occurred, the driver charged with vehicular homicide either operated their car with the clear intent to murder, maim, or severely injure the victims or other people, or they were under the influence of alcohol or narcotics.
What Is the Penalty in Nevada for Voluntary Manslaughter?
The punishment for voluntary manslaughter includes:
- 1-10 years in prison
- $10,000 fine
In Nevada, What is the Involuntary Manslaughter Penalty?
Involuntary manslaughter is punishable by:
- 19 months to 4 years behind bars
- $5,000 fine
Justifiable Homicide Legal Definition in Nevada
Usually, the defense of justifiable homicide is raised in response to a murder charge. A killing committed “in defense of habitation, property, or person” is involved. The victim is typically slain while breaking into the killer’s house to commit a crime or inflict various forms of harm on the residents.
In Nevada, if you are not the initial aggressor, there is no requirement to flee before employing lethal force.
Additionally, you must have a legal right to be there when deadly force is used, and you cannot be involved in the illegal activity yourself when the victim is killed.
The terror that drives you to defend your house, your possessions, or yourself must be genuine, reasonable to other people, and not motivated by retaliation.
Your Statute-Guaranteed Right to Counsel
A public defender will typically be available to represent you if you are a low-income person. However, it would be best for you to hire your own attorney using whatever means you can muster.
Public defenders typically put forth a lot of effort and attempt to do their best in challenging situations. Still, because of their heavy caseloads, it is impossible for them to dedicate much time to any one case. You require a lawyer who genuinely cares about you.
Do I Need a Lawyer for My Charge of Manslaughter?
Any homicide charge needs legal counsel to properly defend against it. For assistance with your manslaughter criminal charge, speak with a Nevada criminal attorney. Your attorney will decide the best line of action to resolve your manslaughter charge.
