Homicide, Manslaughter & Murder

The crime of INTOXICATION MANSLAUGHTER is a second-degree felony and is committed if a person operates a motor vehicle, boat or aircraft while intoxicated, and by reason of that impairment and by accident or mistake causes the death of another person. The crime is punishable by imprisonment from 2 to 20 years and a fine of up to $10,000. The crime can become a first-degree felony if charged as a felony murder.

The crime of MANSLAUGHTER is a second-degree felony and is committed if a person recklessly causes the death of an individual. The crime is punishable by imprisonment from 2 to 20 years and a fine of up to $10,000.

A person acts recklessly, or is reckless, with respect to circumstances surrounding his conduct or the result of his conduct when he is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

The crime of CRIMINALLY NEGLIGENT HOMICIDE is a state jail felony and is committed if a person causes the death of an individual by criminal negligence. The crime is punishable by imprisonment from 180 days up to 2 years imprisonment and a fine of up to $5,000.

A person acts with criminal negligence, or is criminally negligent, with respect to circumstances surrounding his conduct or the result of his conduct when he ought to be aware of a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that the failure to perceive it constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor’s standpoint.

The crime of MURDER is a first degree felony and is committed when someone intentionally or knowingly, without justification, causes the death of another person; or if someone intends to cause serious bodily injury to another person and commits an act clearly dangerous to human life that causes the death of an individual;  or if someone attempts to commit a felony, other than manslaughter, and in the course and in furtherance of the commission or attempt, or in immediate flight from the commission or attempt, he commits or attempts to commit an act clearly dangerous to human life that cause the death of an individual. The crime is punishable by imprisonment from 5 to 99 years, or life imprisonment, and a fine of up to $10,000. A person who intends to murder another but fails to complete the crime may be found guilty of ATTEMPTED MURDER, a second-degree felony punishable by imprisonment from 2 to 20 years and a fine of up to $10,000.

Murder is justified and legally excused if a court or jury finds that the actor was acting in self-defense or out of a legal necessity.

GENERALLY, a person is justified in using force against another when and to the degree the actor reasonably believes the force is immediately necessary to protect the actor against the other’s use or attempted use of unlawful force. There are special rules that apply to the use of deadly force.

GENERALLY, conduct is justified if the actor reasonably believes the conduct is immediately necessary to avoid imminent harm, the desirability and urgency of avoiding the harm clearly outweigh, according to ordinary standards of reasonableness, the harm sought to be prevented by the law prohibiting the conduct; AND a legislative purpose to exclude the justification claimed for the conduct does not otherwise plainly appear.

IMPORTANT NOTE: there are many rules and exceptions that apply to the justification of self-defense and necessity, and only a competent, knowledgeable attorney will be able to evaluate the evidence to properly advise the accused on options for their application.

Whenever a court makes an evidentiary finding that a DEADLY WEAPON was used during the course and commission of these offenses, and the person was sentenced to imprisonment, then the person convicted of the offenses must serve at least one-half calendar time in imprisonment.