Involuntary Manslaughter – NRS 200.070

Overview

Involuntary manslaughter, as defined under Nevada Revised Statute (NRS) 200.070, occurs when a person unintentionally causes the death of another individual through reckless or negligent behavior, or during the commission of an unlawful act that is not a felony. This statute addresses situations where a death results from careless actions, but without the intent to kill or cause serious harm. Involuntary manslaughter is considered a serious offense in Nevada, and a conviction can result in severe penalties, including imprisonment and fines. Attorney Josh Tomsheck of Hofland & Tomsheck is an experienced criminal defense lawyer who understands the complexities of manslaughter cases and can provide a strong defense for those facing such charges.

Definition of Involuntary Manslaughter

Under NRS 200.070, involuntary manslaughter is defined as the unintentional killing of a person without malice or premeditation, which occurs in one of the following ways:

1. During the Commission of an Unlawful Act: The death occurs as a result of an unlawful act that is not a felony, such as a misdemeanor offense. For example, causing a fatal car accident while committing a traffic violation.
2. Negligent or Reckless Conduct: The death results from negligent or reckless conduct that shows a disregard for the safety of others. This could involve situations such as mishandling a firearm, reckless driving, or failing to provide necessary care for a dependent.
3. Without Intent to Kill: The key element of involuntary manslaughter is that the person did not intend to cause the death of the victim. Unlike murder charges, there is no premeditation or malice aforethought.

Legal Requirements for Prosecution

To obtain a conviction for involuntary manslaughter under NRS 200.070, the prosecution must prove the following elements beyond a reasonable doubt:

1. Unlawful Act or Negligence: The defendant engaged in an unlawful act that is not a felony, or their negligent or reckless behavior directly contributed to the death of another person.
2. Causation: The defendant’s actions must have been the direct cause of the victim’s death. There must be a clear link between the defendant’s conduct and the fatal outcome.
3. Lack of Intent: The death must have been unintentional, meaning that the defendant did not act with the intent to kill or cause serious harm to the victim.

Related Offenses

Involuntary manslaughter is often associated with other offenses under Nevada law, and understanding these related charges is important for building an effective defense:

• Voluntary Manslaughter – NRS 200.050: Occurs when a person kills another in the heat of passion or in a sudden quarrel. Unlike involuntary manslaughter, there is intent to kill, but without premeditation.
• Vehicular Manslaughter – NRS 484B.657: Involves causing the death of another person through negligent or unlawful driving, such as speeding or failing to obey traffic signals.
• Reckless Driving – NRS 484B.653: If a death occurs as a result of reckless driving, the driver could face charges of involuntary manslaughter in addition to reckless driving.

Examples of Involuntary Manslaughter Offenses

To illustrate how NRS 200.070 is applied, consider the following examples:

• Example 1: A person is handling a firearm in a careless manner at a social gathering, and the weapon accidentally discharges, killing another person. This could result in charges of involuntary manslaughter due to the reckless handling of the firearm.
• Example 2: A caregiver fails to provide adequate medical care or supervision to a dependent, resulting in the dependent’s death. This could be considered involuntary manslaughter if it is shown that the caregiver’s negligence caused the fatality.

Penalties for Involuntary Manslaughter

The penalties for committing involuntary manslaughter under NRS 200.070 are severe and can vary based on the specific circumstances of the case:

• Category D Felony: Involuntary manslaughter is typically classified as a Category D felony in Nevada, carrying the following penalties:
  • Imprisonment: 1 to 4 years in the Nevada Department of Corrections.
  • Fines: Up to $5,000.
  • Probation: In some cases, the court may opt for probation or a suspended sentence, depending on the severity of the offense and the defendant’s criminal history.
• Additional Penalties: The court may also impose restitution to the victim’s family, community service, or mandatory counseling or rehabilitation programs.

Defenses Against Involuntary Manslaughter Charges

If you are facing charges for involuntary manslaughter under NRS 200.070, several defenses may be available depending on the circumstances of your case. Attorney Josh Tomsheck can evaluate your situation and develop a defense strategy tailored to your needs. Common defenses include:

1. Lack of Causation: Demonstrating that the defendant’s actions were not the direct cause of the victim’s death can be a strong defense. If there were intervening factors or the death was due to an unforeseeable event, this could lead to a dismissal of charges.
2. Accidental Death: If the death was purely accidental and occurred without any negligence or reckless behavior on the part of the defendant, this can be a valid defense.
3. Self-Defense or Defense of Others: If the defendant’s actions were taken in self-defense or in defense of another person, this may be used as a defense against manslaughter charges.
4. Unforeseeable Consequence: If the death was the result of an unforeseeable and unintended consequence of the defendant’s actions, this could mitigate or eliminate criminal liability.

The Importance of Legal Representation

Facing involuntary manslaughter charges requires experienced legal representation due to the complex nature of these cases and the severe penalties involved. Attorney Josh Tomsheck is a board-certified criminal trial lawyer and a registered specialist in criminal trial law with the State Bar of Nevada. His extensive experience in defending clients against serious criminal charges, including manslaughter, equips him to provide a strong and strategic defense to protect your rights and freedom.

As a Life Member of the National Association of Criminal Defense Lawyers and a Mountain States Super Lawyer, Josh has a proven track record of achieving favorable outcomes for his clients, including dismissals and acquittals at trial. His dedication to protecting the rights of those accused and his deep knowledge of Nevada’s criminal laws make him a formidable advocate in cases involving involuntary manslaughter.

Understanding Your Rights

If you have been accused of involuntary manslaughter, understanding your rights is essential. Having skilled legal representation can help you navigate the complexities of the legal system and protect your future. Attorney Josh Tomsheck and the team at Hofland & Tomsheck are committed to providing aggressive and effective defense strategies tailored to your unique case.

Contact Josh Tomsheck Today

For more information about defending against involuntary manslaughter charges under NRS 200.070 in Las Vegas or anywhere in Nevada, contact the law firm of Hofland & Tomsheck to schedule a free consultation. Call (702) 895-6760 today to discuss your case and explore your legal options. Don’t leave your future to chance—let us help you protect your rights and achieve the best possible outcome