The Lexington manslaughter lawyers at Suhre & Associates, LLC know exactly what to do when you are facing a criminal investigation or have been charged with First or Second Degree Manslaughter. Our experienced criminal defense lawyers will aggressively fight to prove your innocence.
Manslaughter charges are extremely serious allegations. It is critical that you obtain experienced legal counsel early in your case. Criminal investigators are not your friend. They are trained to bait you into saying the wrong thing so they can get what they want: a conviction.
However, you have constitutional rights. Chief among these rights is your right to an attorney who can help protect all your other rights. Contact Suhre & Associates, LLC in Lexington, KY, today so we can get started fighting for you, call us at (859) 569-4014.
How Can Suhre & Associates, LLC Help with Manslaughter Charges in Lexington, Kentucky?
Manslaughter charges are as serious as they sound. You could face decades in prison depending on your charges. Your criminal defense lawyer is the only thing standing between you and the prison gates.
You need a Lexington criminal defense attorney who has experience defending manslaughter and murder charges. Suhre & Associates, LLC has over 100 years of combined experience in criminal defense. Our team includes former police officers and prosecutors.
We’ve built cases on both sides of the law. Let us work to defend you when everything is on the line. When you retain our firm to represent you, we implement our proven approach, doing things such as:
- Fully understanding your side of the story
- Using investigators to talk to witnesses and find exculpatory evidence
- Filing motions to suppress evidence obtained through constitutional violations
- Negotiating with prosecutors
- Taking the case to trial
One thing we pride ourselves on is the individualized attention we give to our clients. This means that your case will not be handled the same as every other case. Unique defenses and strategies will be implemented based on the unique allegations you are facing.
Get in touch with our team today for your free consultation in Lexington, Kentucky. Our Lexington criminal defense lawyers are standing by.
What is Manslaughter in Lexington, Kentucky?
In Kentucky, manslaughter can be charged as Manslaughter in the First or Second Degree. Both are serious felony charges. First Degree Manslaughter requires a higher level of culpability. Culpability, or mens rea, means a “guilty mind.”
First Degree Manslaughter requires the state to prove that you performed an intentional act that led to the death of another. An example of this is driving while drunk and accidentally killing someone. In this example, driving would be the intentional act that led to the death of the victim.
On the other hand, Second Degree Manslaughter only requires the state to prove that wanton conduct led to the death of another. Wanton conduct refers to a conscious disregard of a substantial and unjustifiable risk of harm. This is a slightly less culpable state of mind than intentional conduct.
Charging First Degree Manslaughter
There are three ways prosecutors can charge First Degree Manslaughter. These are by alleging that the defendant:
- With intent to cause serious physical injury to another, caused their death
- Cause the death of another person, but under circumstances which do not constitute murder because they acted under the influence of extreme emotional disturbance
- Intentionally abused or allowed another to abuse a person the defendant had actual custody of, causing death of a child 12 or younger (or someone physically/mentally helpless).
All three charges come with serious criminal penalties.
Charging Second Degree Manslaughter
Second Degree Manslaughter involves completely different factual circumstances. A prosecutor can charge a defendant with this crime if they:
- Wantonly caused the death of another, including, but not limited to, death caused by the defendant in the following situations:
- Operating a motor vehicle;
- Leaving a child under age 8 in a car under circumstances which manifest an extreme indifference to human life and which create a grave risk of death to the child;
- Unlawfully distributing a Schedule I or II controlled substance that is the proximate cause of death.
Manslaughter is a terrifying charge because it can be applied to so many situations. Someone going about their daily life could be subjected to a manslaughter charge by making a seemingly innocent mistake or bad judgment call that leads to a fatality.
Suhre & Associates, LLC understands that good people can get caught up in terrible situations. This is why criminal defense work is our calling. We pride ourselves on our aggressive representation of our clients, because we understand that this could happen to anyone.
What are the Penalties for Manslaughter in Kentucky?
First and Second Degree Manslaughter are both extremely serious felonies in Lexington, Kentucky. It is very important to lawyer up as early in your case as possible. Failing to do so could mean saying or doing something that harms your case or your constitutional rights.
You could be subject to the following:
- First Degree Manslaughter is a Class B Felony, punishable by 10 – 20 years prison and a $10,000 fine.
- Second Degree Manslaughter is a Class C Felony, punishable by 5 – 10 years prison and a $10,000 fine.
After someone is released from prison, they typically will be placed on community supervision, known as parole for a few years. Failing to follow all the conditions of supervision can lead to serving the remainder of the sentence behind bars.
Sometimes we can obtain a resolution involving probation to shave off some of the time spent behind bars. However, probation is not always available.
We understand that emotional trauma can be one of the worst penalties when someone is accidentally killed. Our team will compassionately work with you, and even help you seek mental health resources if appropriate.
These penalties are very scary. Suhre & Associates, LLC takes allegations of manslaughter extremely seriously. We will do everything we can to avoid a conviction and get you back to your normal life.
How Can You Defend Against Manslaughter Charges?
It is impossible to say how your case will look with so many different ways to be charged with manslaughter. However, a few general approaches tend to come up in different cases.
Some possible defense tactics may include:
- Arguing that investigators violated your Miranda Rights so incriminating statements are inadmissible
- Arguing that the police performed an unlawful search in violation of your Fourth Amendment rights
- Proving that you did not act intentionally or wantonly
- Showing problems in the evidence against you through things like cross-examination
- Convincing the jury that the state simply cannot meet its burden of proof beyond a reasonable doubt as to each element
None of these approaches may be right in your case. There may also be strategies not listed here that can help you far more.
Whether you have been accused of First or Second Degree Manslaughter, we can help. Our experience means we can choose the best course of action and aggressively pursue it. We will have your best interest in mind in everything that we do.
Our experience also means that prosecutors know that they can’t take advantage of you or play games. It may make them more willing to offer a favorable resolution since we have the trial experience to back up what we say. When your back is against the wall, you can count on us to fight for you.
Contact Our Lexington Manslaughter Lawyers Today
When you are accused of a serious crime such as Manslaughter, the clock is ticking. Prosecutors are in the conviction business, and they will be laser-focused on bringing you “to justice.” Only an aggressive criminal defense attorney can prevent that.
Invoke your right to remain silent and contact Suhre & Associates, LLC for help. Our Lexington manslaughter lawyers want to fight for you.
Our Lexington, KY criminal defense law firm also provides:
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