Chesapeake Negligent Homicide Lawyer

Homicide charges may come into play if your actions lead to the death of another. However, with the wide range of potential charges, it can be challenging to know what charges you may face. When the death is not the result of intentional behavior, you may think that if you explain the scenario, the police will understand and charge you accordingly. That is not a wise approach. Instead, you should get the help of a Chesapeake negligent homicide lawyer.

There is a substantial difference in intent between murder and negligent homicide. When a person commits murder, they intend to take the victim’s life. When a person commits negligent homicide, their behavior fails to meet a reasonable standard of behavior, leading to death. Since many people consider intent the evil or immoral part of murder, the punishment for negligent homicide is generally much lower than the punishment for a murder charge. In fact, some people charged with negligent homicide may not have even been negligent. A homicide attorney can help you understand the evidence against you and plan a defense.

Understanding Homicide

Many people think that homicide is the taking of a human life. That is inaccurate. Homicide is the unlawful killing of another. There are some scenarios where taking a human life is not unlawful—self-defense is probably the best-known example of this scenario. What makes homicide unlawful is the defendant’s state of mind. It can range from negligent—failing to take the proper care not to kill someone—up to premeditated and willful.

Virginia recognizes five classes of homicide. In perceived order of severity and potential for punishment, the classes, in ascending order, are:

• Involuntary manslaughter
• Voluntary manslaughter
• Second-degree murder
• First-degree murder
• Aggravated murder

These classes of homicide can also be broken down into two general categories—nonnegligent homicide or murder and negligent manslaughter. There is a third type of killing, which is justifiable homicide.

Negligent homicide occurs anytime someone kills someone through negligence, except for vehicular homicide, which has a different classification under Virginia law. Proving negligence for a homicide case is the same as proving it for a tort claim. The Commonwealth must prove a defendant had a duty of care to the victim, breached that duty, that the breach was the cause of the victim’s injuries, and that the injury led to the victim’s death. An attorney in Chesapeake can help a person understand a negligent homicide charge and its penalties.

Felony Classes

Virginia has six classes of felonies, ranging in severity from a Class 6 felony—the least serious—to Class 1—the most serious. According to Virginia Code § 18.2-30, all murder and manslaughter charges are felonies. Any charge with murder is at least a Class 3 felony and can be up to a Class 1 felony. However, any charge that includes manslaughter is a Class 5 felony.

At first glance, voluntary and involuntary manslaughter appear indistinguishable. They are both Class 5 felonies with a potential sentence of up to 10 years in prison and a $2,500 fine. However, there is a difference in intent. In voluntary manslaughter, a person’s actions are intentional, though they may be in the heat of passion or otherwise have some excuse. In involuntary manslaughter, the actions are unintentional but negligent or reckless. As a result, people convicted of involuntary manslaughter often receive shorter sentences than people convicted of voluntary manslaughter, even though their potential sentences are the same. A Chesapeake lawyer can review a negligent homicide charge and pursue a shorter sentence.

Consult a Chesapeake Negligent Homicide Attorney

Facing any homicide charge is terrifying. In addition to harsh criminal punishments, you have to worry about the impact on your reputation, relationships, and more. While no attorney can guarantee a favorable result, having the right attorney can go a long way toward helping you develop the most effective defense strategy.

Schedule a consultation with a Chesapeake negligent homicide lawyer from Parks Zeigler, PLLC. We can help you understand the charges against you, explore the evidence, and examine your options.