Can You Go To Jail For Accidentally Killing Someone?
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Murder is a serious offense that attracts legal consequences such as imprisonment or fines. However, not all kinds of murder are of the same type: they happen in various ways. Killing someone accidentally is different from killing someone intentionally, and each attracts legal consequences depending on the state statutes.
Accidental killing is defined as the death resulted from a lawful act done with the defendant believing that no harm is likely to happen.
Criminal homicide is a term used to refer to criminal charges against causing death to another individual. It is a general term that entails several forms of the homicide of different natures; some may be intentional while some may be accidental.
However, killing someone by accident does not guarantee that you’ll be exempted from facing legal charges. Depending on circumstances surrounding the death, an accidental killing may be considered a criminal homicide. In this circumstance, you’re likely to face severe legal penalties, including going to jail.
Types of Accidental Killing
There are two types of accidental killings. That is manslaughter and homicide by misadventure.
Homicide by Misadventure
Homicides by adventure are accidental killings caused by lawful acts of violence that result in death.
An instance involving homicide by misadventure is when a defendant who was trying to defend himself or their property from attack in a legal way accidentally kills an innocent person other than those attacking him or his property. The defendant must confess and prove that lethal force was the only option to protect himself or his property from attack and keep the attacker away.
The defendant must also prove that he intended to shoot at the attacker but accidentally shot and killed an innocent person not involved in the attack. The court will treat the death of this ignorant individual as an excusable accidental killing. However, the defendant must prove that lethal force was necessary for self-defense; otherwise, the case may take a different turn.
Manslaughter
Manslaughter is an accidental killing caused by an unlawful act of violence not intended to be directed at the victim. But if the killing involves an illegal act of violence directed towards the victim, then the case will be treated as a murder charge, and the penalty the court will impose on you is a jail sentence in most cases.
An example of an instance involving manslaughter is when an accused person accidentally killed an innocent person while they were carrying out a violent crime against a different intended victim. If the defendant confesses that they intended to cause harm to the intended victim by striking him with a blunt object, and by bad luck it hit the innocent person, killing him on the spot. Under these circumstances, the court may prosecute the defendant for manslaughter as provided by the common law of crimes.
However, the majority of the states have abolished the common law of crimes that contains the clause addressing manslaughter as an accidental killing. These states have established distinctions between manslaughter and unintentional killings. They seek to treat the two as different legal charges that could attract different penalties.
Types of Manslaughter
Manslaughter can be categorized into two groups. That is manslaughter or voluntary manslaughter and aggravated manslaughter or involuntary manslaughter.
Manslaughter/ Voluntary Manslaughter
Manslaughter is an act of reckless killing committed by an offender knowingly or intentionally but under provocation. This killing involves an offender who is aware that their actions are dangerous and could hurt someone but chose to go on anyway. As stipulated in the law, any killing resulting from the heat of passion is the same as murder as the offender had the intention to kill the victim. However, if the killing was carried out due to reasonable provocation, it will not be considered murder but manslaughter.
The law treats voluntary manslaughter as a second-degree crime. An example of a case involving manslaughter is a husband who kills his wife when he finds her having an affair with another man. In this case, the man is provoked to carry out the killing, which would be different if he did not walk in to find his wife with another man. Despite the man intending to kill the wife, it is understood that it was under provocation.
Aggravated Manslaughter or Involuntary Manslaughter
Aggravated manslaughter is a killing that is done with criminal negligence. It can also be a killing done while undertaking a crime not included within the felony-murder rule. And that it is not clear whether the offender intended to kill or harm the victim.
The action of the defendant may be termed as absolute recklessness, demonstrating an unjustifiable indifference to life. The defendant is caught in a situation where they not necessarily intended to kill the victim, but their morally repugnant actions exposed the victim to extreme danger.
Another situation of aggravated manslaughter is when an offender kills an innocent person while attempting to evade the police officers. Aggravated manslaughter is a first-degree crime and attracts very severe penalties, including serving a jail sentence.
Vehicular Manslaughter
Vehicular manslaughter or homicide can also be considered manslaughter because most car accidents are generally unintentional. However, there are certain circumstances where vehicular manslaughter is regarded as a strict liability vehicular homicide. This can arise when a person causes death due to drunk driving.
Strict liability vehicular homicide is a killing that does not necessarily need the defendant to have the intent to kill. In any way, the defendant under this category will be charged with homicide. Taking the example of a drunk driver who causes murder, they are not in a capacity to form an intent to kill. Therefore, he will be charged regardless of the intent. Strict liability vehicular homicide is charged as a third-degree crime.
Factors that Apply in Vehicular Homicide
Factors for vehicular homicides are outlined in Section 609.2112 of the statute. The statute defines vehicular homicide as a killing that occurs while the defendant is operating a motor vehicle under the following factors:
- The defendant is found to have a 0.08 alcohol concentration or higher in his blood.
- The defendant operated the vehicle recklessly under the influence of drugs or other substances.
- The defendant fled the scene of the crime after causing the accident.
- The defendant operates the vehicle with gross negligence.
- The defendant’s vehicle is defective and had previously been cited or warned by a peace officer to have faulty maintenance.
Driving Under the Influence of Drugs
There are different ways that traffic officers can render you drunk while driving. First is the testing for alcohol content in the defendant’s blood system. If the alcohol concentration is more than 0.08, then the killing is termed criminal vehicular homicide. However, you will be charged even if your blood test result is below 0.08 of alcohol concentration. This is typical in motorists who operate vehicles negligently while having alcohol in their blood system.
A breathalyzer can also be used to test if you’re impaired or not. If you blow a higher number on the breathalyzer, then you’ll be considered impaired.
Running from the Scene of Crime
A driver who causes an accident to an innocent person and runs away without offering any assistance will be charged for criminal vehicular homicide if the victim dies. If you ever cause an accident, you’re supposed to stop and provide service in your capacity.
Gross Negligence
A defendant who operates a vehicle with gross negligence and causes a killing in the process will be charged for criminal vehicular homicide. These, in general, involve actions that the driver knows would expose others to a significant risk of danger in the road. This may include hitting someone off the road when a driver dangerously continues moving with people crossing on the crosswalk.
A driver who neglects to check the rearview camera when backing in a parking lot will also be charged for criminal vehicular homicide if their negligence results in death.
Can a Criminal Vehicular Homicide result in Imprisonment?
Criminal vehicular homicide can result in a defender being sentenced to jail to serve a 48-month jail term. In addition to going to prison, the court can also impose the following penalties on you:
- A fine not exceeding $20,000
- 10-years sentence term in prison. But those having a qualifying driving offense can serve a jail term of up to 15 years.
- Fine and Imprisonment
The chances of you going to jail will also depend on your criminal history and how your criminal defense attorney will present the case.
General Penalties for Accidental Killings
An accidental killing can attract a jail sentence or other legal penalties. It can be considered and charged as a first-degree crime or a second-degree crime. Voluntary manslaughter will attract a second-degree crime penalty, while aggravated manslaughter will receive a first-degree crime penalty.
- An offender charged for voluntary manslaughter or any other second-degree crime will serve a jail time of five to ten years.
- On the other hand, a person charged with aggravated manslaughter or any other first-degree crime will serve a jail sentence of ten to twenty years in prison.
- A strict liability vehicular homicide resulting in killing will be considered a third-degree crime, and the defendant will serve three to five years behind bars.
However, penalties for accidental killings are less intense than murder charges. Murder is a serious felony that attracts severe penalties than what is awarded for first-degree crimes.
Conclusion
Accidental killings are not the same as murder. Despite accidental killing being done without the intent of the offender, it can land you in prison. However, the penalties for the other accidental killings differ depending on the statutory provisions and the killings’ circumstances. You can serve up to fifteen years in prison if you’re found guilty of this charge.
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