If you have been charged with manslaughter in Idaho, it is critically important that you understand the seriousness of the charge against you. The potential consequences of a conviction are enormous, so you need to protect your rights and find out what your best options are as quickly as possible after you are arrested. You need to work with the best manslaughter defense lawyer available to you in Boise, Idaho.
Do not make any statements to the police until you have received counseling from your attorney. Contact Sawtooth Defense Lawyers in Boise, Idaho, as soon as possible for guidance.
Click to jump to the section:
- What is Manslaughter? Types of Manslaughter
- Penalties for Manslaughter Convictions
- Restitution to the Victim’s Family
- Contact the Best Manslaughter Lawyer in Boise, Idaho
Manslaughter Definition
Under Idaho Code 18-4006, manslaughter is the illegal killing of a person without malice. A manslaughter charge is in one of 3 classifications: Voluntary, Involuntary, or Vehicular.
Voluntary Manslaughter
Voluntary manslaughter is illegally killing someone in a suddenly escalated conflict. It’s understood as a crime that occurs in “the heat of passion." It is the absence of malice during the act that distinguishes voluntary manslaughter from Second Degree murder in Idaho. In other words, the defendant accused of voluntary manslaughter did not intentionally kill the person.
Involuntary Manslaughter
Involuntary manslaughter is the illegal killing of a person by the negligent, careless, or reckless actions of the defendant. That means that the death was due to a legal action by the defendant but one that he or she willfully did, knowing that it might cause the victim’s death or did when he/she should have known that. This charge may be filed if the death happened while the defendant was attempting to commit some other crime, (but not a crime that would have brought a Second Degree murder charge).
Vehicular Manslaughter
This is the illegal killing of a person by operation of a motor vehicle. Vehicular manslaughter may be classed as a misdemeanor or a felony, based on what happened.
Felony Vehicular Manslaughter: The crime is charged as a felony if the death is determined to be due to gross negligence by the defendant in operating the vehicle. That means that the defendant is accused of willfully causing the public to be endangered by a known safety risk.
Misdemeanor Vehicular Manslaughter: This crime happens when the death happened while the accused was in the process of committing some other misdemeanor crime but the defendant was not guilty of gross negligence.
Penalties for Manslaughter Convictions
Under Idaho Code 18-4007, these are the punishments for conviction of manslaughter:
| Type of Manslaughter Conviction | Potential Prison Sentence | Potential Fine |
|---|---|---|
| Involuntary Manslaughter | Maximum 10 years in prison | and/or a maximum fine of $10,000 |
| Voluntary Manslaughter | Maximum of 15 years in prison | and/or a maximum fine of $15,000 |
| Felony Vehicular Manslaughter | Maximum of 15 years in prison | and/or a maximum fine of $15,000 |
| Misdemeanor Vehicular Manslaughter | Maximum of 1 year in prison | and/or a maximum fine of $2,000 |
Restitution to the Victim’s Family
Besides the prison time and huge fines that may be included in a manslaughter sentence, the person convicted in Idaho may also be required to pay restitution to the victim’s family. Restitution is not intended as a punishment. It is meant to compensate the family for the actual amount of financial loss due to the defendant's crime. The restitution may be an extremely large amount, potentially hundreds of thousands to millions of dollars.
Best Manslaughter Lawyer in Boise, Idaho
If you are facing manslaughter charges in Idaho, your freedom and your entire future are at extreme risk. You need a criminal defense lawyer who knows how to fight for you in court and negotiate for you outside of court! Sawtooth Defense Lawyers are focused on having the charges against you reduced significantly or dropped entirely. We’re here to make sure your rights are fully protected and work to keep you out of jail and avoid an outcome that leaves you with a criminal record.
If you need a manslaughter attorney, call Sawtooth Defense Lawyers at (208) 644-8893, or contact us here online to schedule a free review of your case.
