Indiana law considers reckless homicide and involuntary manslaughter to be forms of negligent homicide. Both crimes are level 5 felonies, and a conviction for either crime carries a sentence of 1 to 6 years. If you are charged with neglect of a dependent causing death, that is a Level 1 felony and carries a prison sentence of 20 to 40 years. If you are facing reckless homicide, involuntary manslaughter charges, or neglect of a dependent causing death, do not take chances with an inexperienced homicide defense attorney. A knowledgeable Indianapolis negligent homicide lawyer from our team at Eskew Law could provide aggressive and compassionate defenses against those charges.
You might have a civil lawsuit for wrongful death filed against you if your negligent conduct inadvertently caused a fatal accident. If a prosecutor suspects that you acted regardless of the known substantial or unjustifiable risks associated with your conduct, they can pursue a parallel criminal case. Your liability insurers might manage the defense of the civil action, but you will need your own legal counsel to defend against a criminal indictment.
When you hire a negligent homicide attorney from our Indianapolis firm, we could closely analyze the evidence for weaknesses that might undermine a prosecutor’s attempt to characterize what might be simple negligence as reckless conduct. To win any criminal conviction, a prosecutor must prove all elements of a charged crime beyond a reasonable doubt. That standard is substantially higher than the preponderance of evidence standard that applies to civil cases.
Under Indiana Code § 35-42-1-5, the reckless killing of another human being is a criminal act. The concept of recklessness includes knowledge and awareness of potentially fatal hazards and an individual’s careless disregard of that knowledge and awareness. An Indianapolis prosecutor will often make inferences and deductions to demonstrate this state of mind, but a negligent homicide defense lawyer from our firm could challenge these deductions. For example, we might challenge:
A lawyer from our team could help you counter these accusations in court.
Indiana Code § 35-42-1-4 addresses involuntary manslaughter, typically charged when a crime victim dies during a perpetrator’s commission of another felony, such as a robbery or a transaction involving the purchase and sale of illegal drugs. Our Indianapolis negligent homicide defense attorneys could use similar strategies to defend against these charges, such as showing that your alleged conduct was not reckless or was an act of self-defense.
Given that involuntary manslaughter also requires a prosecutor to prove the elements of an underlying felony or misdemeanor criminal offense, we could challenge the sufficiency of the evidence of those underlying crimes.
Indiana Code § 35-46-1-4 addresses neglect of a dependent causing death, typically charged when a crime victim dies due to the neglectful acts of a caregiver. Our Indianapolis homicide defense attorneys could try to attack the cause of death, whether there was neglect at all or if there was a caregiver relationship.
When you contact our criminal defense team at Eskew Law early in the process, you give us the best opportunity to analyze the prosecutor’s evidence and prepare the strongest defense against the charges you face.
State prosecutors have broad discretion to bring reckless homicide or involuntary manslaughter charges if they believe that those charges are justified. You can best protect yourself from prosecutors when you hire an Indianapolis negligent homicide lawyer from our team at Eskew Law as soon as you believe that you may face charges. Call us today for a free consultation.
Facing legal issues can be very overwhelming. Defending against criminal charges, navigating a personal injury claim, and advocating for yourself during a family law case can be difficult when you’re also balancing all your other responsibilities. At Eskew Law, we know how challenging this time can be for you, and we are dedicated to making it easier for you and your family.
If you are looking for a compassionate lawyer serving Indianapolis with integrity and professionalism, look no further than Eskew Law. With over seventy-five years of experience serving clients in Indiana, we are confident that we can help you get the answers you need and reach the resolution you deserve in your case.
