Involuntary Manslaughter in Illinois

 Posted on November 12, 2018 in Homicide

Involuntary manslaughter is a classification of homicide, which is the unlawful killing of another person. While first- and second-degree murder involves the intentional killing of a person, involuntary manslaughter can be thought of as an unintentional type of killing. Make no mistake; involuntary manslaughter is a serious crime, and the penalties you may be sentenced with can be harsh.

Penalties for Involuntary Manslaughter

Under Illinois 720 ILCS 5/9-3, involuntary manslaughter is the unintentional and unjustified killing of an individual when the defendant’s acts, either lawful or unlawful, are likely to cause death or serious bodily injury to another. As such, when a person performs dangerous reckless actions that result in the death of another, that person will be charged with involuntary manslaughter, unless they were operating a vehicle. As a Class 3 felony, involuntary manslaughter is punishable by up to five years in prison. Examples of actions that could lead to involuntary manslaughter include:

• Fist fights. A Toledo, Illinois man was recently charged with involuntary manslaughter after kicking his neighbor in the head;
• Letting a toddler play outside on the street unsupervised;
• Shooting a firearm or storing a firearm in a reckless manner; and
• Throwing or dropping rocks from a bridge or overpass.

Reckless Homicide or Vehicular Manslaughter

When the driver of a motor vehicle, all-terrain vehicle, watercraft, or snowmobile causes the death of another due to reckless driving or operation of their vehicle, they will be charged with reckless homicide, more commonly referred to as vehicular manslaughter. Reckless homicide is also a Class 3 felony, and may also involve having your license suspended or revoked. If the defendant was driving under the influence of alcohol, even with a blood alcohol content under 0.08, they may still be charged with reckless homicide if they cause the death of another because it is presumed that alcohol played a factor in their impaired driving and decision making.

In fact, if the driver was intoxicated, it is more likely that they will be charged with a Class 2 felony instead of a Class 3 felony. A Class 2 felony carries a penalty of up to seven years in prison, although, for a DUI reckless homicide, defendants often face penalties of up to 14 years, and even up to 28 years behind bars. Drivers who are charged with vehicular manslaughter without any DUI implications can also face increased prison sentences if there were aggravating factors, such as causing the death in a school zone or construction zone.

An Involuntary Manslaughter Defense Attorney Is Here For Your Assistance Today

Whether you have been charged with reckless homicide, involuntary manslaughter, second-degree murder, or first-degree murder, attorney Christopher M. Cosley is here to help. Call a dedicated Rolling Meadows criminal defense attorney at our office today at 847-253-3100.

Sources:

http://www.ilga.gov/legislation/ilcs/fulltext.asp?DocName=072000050K9-3

https://jg-tc.com/news/local/manslaughter-charged-filed-in-case-of-toledo-man-s-death/article_a1aa90f9-c042-57a7-9340-a5f4019e5256.html