Manslaughter vs. Criminally Negligent Homicide
Being charged with causing the death of another person is an overwhelming and life-altering experience. For criminal defendants, it’s crucial to understand the specific charges they are facing once arrested, as the legal distinctions between offenses like manslaughter and criminally negligent homicide can significantly impact the potential consequences.
Both charges involve the unlawful killing of another person without premeditation, but they differ in terms of the defendant’s mental state and the circumstances leading to the death.
What Is Criminally Negligent Homicide?
Criminally negligent homicide occurs when an individual unintentionally causes the death of another person through actions that demonstrate criminal negligence.
What is Criminal Negligence?
Criminal negligence involves a significant deviation from the standard of care that a reasonable person would exercise in a similar situation. Elements that must be proven include:
- Unaware of Risk: The person fails to recognize a substantial and unjustifiable risk that their actions could cause harm.
- Should Have Known: A reasonable person in the same circumstances would have been aware of the risk.
- Gross Deviation: The lack of awareness represents a gross deviation from how a reasonable person would act.
In essence, the defendant did not intend to cause harm but neglected to notice the dangerous consequences of their actions.
Elements the Prosecution Must Prove
To convict someone of criminally negligent homicide in Alabama, the state must establish three elements beyond a reasonable doubt, including that a death occurred, the defendant’s actions caused the death, and the defendant was criminally negligent at the time of the act leading to the death.
Criminally negligent homicide is usually classified as a Class A misdemeanor, punishable by up to one year in jail. However, if the death occurred while the offender was operating a motor vehicle or vessel, the charge elevates to a Class C felony, which carries one to ten years in prison.
What is Manslaughter in Alabama?
Manslaughter is a serious criminal charge in Alabama that involves the unlawful killing of another person without premeditation. Instead, the death was caused by the defendant’s reckless actions.
What is Recklessness?
Under the law, recklessness includes the following elements:
- Awareness of Risk: The individual is aware of a substantial and unjustifiable risk that their actions could result in harm or death.
- Conscious Disregard: Despite knowing the risk, the person chooses to ignore it and proceeds with their actions.
- Gross Deviation from Standard Care: The behavior represents a significant departure from how a reasonable person would act under similar circumstances.
For example, if someone drives at extremely high speeds through a residential area and hits a pedestrian, they may be considered reckless because they knowingly ignored the high risk of causing harm.
In Alabama, Manslaughter is a Class B felony, punishable by 2 to 20 years in prison and a fine of up to $30,000.
Legal Defenses to Manslaughter and Criminally Negligent Homicide
When facing charges of manslaughter or criminally negligent homicide in Alabama, it’s essential to understand that while the specific defenses may vary depending on the nuances of each charge, they often share common elements. Below are some of the legal defenses that your criminal defense lawyer might raise:
Challenging the Cause of Death
One possible defense is disputing that the defendant’s actions were the direct cause of the victim’s death. The prosecution must prove beyond a reasonable doubt that the defendant’s conduct led directly to the fatality. If the defense can introduce evidence suggesting that an intervening event or the actions of another person were the actual cause, it may create reasonable doubt about the defendant’s culpability.
Lack of Recklessness or Criminal Negligence
A primary element in both manslaughter and criminally negligent homicide is the defendant’s state of mind – specifically, whether they acted recklessly or with criminal negligence. The defense can argue that:
- For Manslaughter: The defendant did not consciously disregard a substantial and unjustifiable risk. They were not aware that their actions could result in death or serious injury.
- For Criminally Negligent Homicide: The defendant did not fail to perceive a substantial risk that their actions could cause death. They acted as a reasonable person would under similar circumstances.
The defense can challenge the prosecution’s claims about the defendant’s mental state by demonstrating that the defendant’s behavior did not deviate grossly from the expected standard of care.
Self-Defense or Defense of Others
If the defendant caused the death while protecting themselves or another person, this can serve as a legal defense. Under Alabama law, an individual is justified in using reasonable force, including deadly force, if they reasonably believe it is necessary to prevent imminent death or great bodily harm.
The defense must show that the threat was immediate and unlawful, the force used by the defendant was proportionate to the threat faced, and the defendant had a reasonable belief that such force was necessary.
This isn’t an exhaustive list of legal defenses that can be used but is an overview of some common possibilities. Your lawyer will determine what defense would be most effective. If you have questions or need help, contact us today to schedule a free consultation with a criminal defense lawyer.
Contact a Birmingham Criminal Defense Lawyer At Jaffe, Hanle, Whisonant & Knight, P.C. Today
For more information, contact an experienced Birmingham Criminal Defense attorney at Jaffe, Hanle, Whisonant & Knight, P.C. for a free consultation.
We proudly serve clients in Birmingham and all throughout Alabama.
Jaffe, Hanle, Whisonant & Knight, P.C.
2320 Arlington Ave S, Suite 100, Birmingham, AL 35205
(205) 930-9800