Prison time, fines, court costs, attorney’s fees, and a felony on your permanent criminal record mean that a manslaughter conviction can devastate your freedom, finances, family life, and reputation. Fortunately, a Detroit violent crimes lawyer may be able to help you avoid or mitigate these criminal penalties.
Even if you are acquitted of manslaughter charges, you may still face civil liability. If the victim’s family shows that your actions contributed to the death of their loved one, you may have to compensate them for their losses. Thus, a manslaughter charge may result in you fighting legal battles on two fronts.
How Does Michigan Law Define Manslaughter?
Unlike some states, the Michigan Penal Code does not define the crimes of murder and manslaughter. Instead, the relevant statutes only provide recommended sentences. For example, Michigan Penal Code section 750.321 provides that manslaughter is a felony punishable by a maximum sentence of 15 years imprisonment and $7,500 in fines.
Since the statutes do not give a precise definition of manslaughter, courts look to the common law inherited from England to define the crime. Under the common law adopted by the Michigan courts, manslaughter can be divided into categories: voluntary and involuntary.
To convict you of voluntary manslaughter, the prosecutor needs to demonstrate beyond a reasonable doubt that:
- You killed another person in the heat of passion
- Your passion was provoked by the person whom you killed
- There wasn’t enough time between the provocation and the killing that would have permitted a reasonable person to get his or emotions under control
As for involuntary manslaughter, a conviction requires that the prosecutor proves beyond a reasonable doubt that:
- You killed another person
- The person’s death was caused by your recklessness or an action that would likely result in injury or death
- You knew or should have known that your conduct was a threat to safety of others
