Manslaughter is one of the most serious crimes in Nebraska classified as a severe felony with potentially life-changing consequences. If convicted, you face the possibility of a long prison sentence and a permanent criminal record.
Omaha Lawyer for Manslaughter
Manslaughter refers to willful ignorance, extremely poor judgment, or intentional actions that lead to another person’s death – sometimes law enforcement is of the opinion that your actions led to another person’s death when this may not be the case.
Liberty Law Group is an experienced group of attorneys that defend against all manner of traffic and violent crimes, including manslaughter.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
- What is Manslaughter?
- Penalties for Manslaughter
- Role of a Manslaughter Lawyer
- How is Manslaughter Different From Murder?
- Potential Defenses in Manslaughter Cases
- Frequently Asked Questions
- Additional Resources
- Hire an Experienced Attorney for Manslaughter in Douglas County NE
What is Manslaughter?
Under Nebraska Revised Statute 28-305, manslaughter involves the killing of another person without malice, and it generally occurs in two primary ways:
- Sudden Fight: This type of manslaughter occurs during a sudden and intense argument. The altercation is so intense that it overwhelms the individual’s ability to think clearly, leading to impulsive actions. In such cases, the prosecutor must demonstrate that although the individual intended to kill, the act was committed without malice due to the suddenness of the situation.
- Unintentional Killing During an Unlawful Act: This occurs when a person unintentionally causes the death of another during the commission of an illegal act, even if the act itself is non-violent. In this scenario, the prosecutor must prove that the individual’s unlawful conduct directly resulted in the death, even though there was no intent to kill.
Additionally, if a death occurs involving a motor vehicle, the state may charge the defendant with either manslaughter or motor vehicle homicide depending on the circumstances.
Penalties for Manslaughter
| Classification of Offense | Penalties |
|---|---|
| Class IIA Felony | Up to 20 years in prison. A criminal record that can impact employment, housing, and other aspects of life. Fines or restitution might also apply. |
Role of a Manslaughter Lawyer
- Guidance through Legal Processes: Your lawyer helps explain the charges, potential outcomes, and courtroom procedures.
- Investigation of the Incident: They gather evidence, interview witnesses, and build a defense strategy tailored to your case.
- Negotiation with Prosecutors: Your lawyer may work to reduce the charges or negotiate a more favorable outcome for you.
- Court Preparation: They prepare you for court appearances, ensuring you understand what to expect and how to respond to questions.
- Challenge Prosecution’s Case: During the trial, your lawyer challenges the evidence, cross-examines witnesses, and builds doubt about your guilt.
- Support: Your lawyer provides both legal and emotional support, helping you navigate this difficult time while aiming for the best possible result.
How is Manslaughter Different From Murder?
- First-Degree Murder: Involves an intentional and premeditated killing, or a killing that happens during the commission of certain felonies (e.g., arson, sexual assault, kidnapping, or burglary). Classified as a Class I or IA felony, it can result in life imprisonment or the death penalty.
- Second-Degree Murder: Involves an intentional killing without premeditation, classified as a Class IB felony, carrying severe but lesser penalties than first-degree murder.
Unlike murder, manslaughter occurs without malice, often in sudden quarrels or illegal acts.
Potential Defenses in Manslaughter Cases
- Self-Defense: The defendant may argue that they acted to protect themselves or another person from immediate harm. The response must be proportional and reasonable in relation to the perceived threat.
- Accidental Death: This defense may be used if the killing was a genuine accident without any criminal negligence or intent on the part of the defendant.
- Lack of Intent: In cases of involuntary manslaughter, demonstrating that there was no intent to kill or cause serious harm can be a strong defense.
- Involuntary Intoxication: If the defendant was unknowingly drugged or consumed intoxicants that negated any intent to kill, this could be a valid defense.
- Mistaken Identity: A defense based on proving that the defendant was not the person involved in the act, often relying on the absence of evidence or flawed eyewitness testimony to establish an alibi.
- Insanity: In some cases, the defendant may plead not guilty by reason of insanity, asserting that a mental illness prevented them from understanding the nature or wrongfulness of their actions.
Frequently Asked Questions
What is manslaughter under Nebraska law?
Manslaughter involves killing someone without malice, either during a sudden quarrel or unintentionally while committing an unlawful act.
What are the penalties for manslaughter in Nebraska?
Manslaughter in Nebraska is a Class IIA felony carrying up to 20 years in prison.
What Nebraska laws are relevant to manslaughter?
Nebraska Revised Statute 28-305 outlines manslaughter laws, covering killings without malice in specific circumstances.
What are common defenses in manslaughter cases?
Self-defense, accident, lack of intent, involuntary intoxication, mistaken identity, and insufficient evidence are common defenses.
What role does a manslaughter lawyer play?
A lawyer guides clients through the legal process, builds a defense, negotiates with prosecutors, and challenges evidence in court.
Can manslaughter charges result from a car accident?
Yes, Nebraska can charge manslaughter or motor vehicle homicide depending on the circumstances of a fatal car accident.
What is the difference between voluntary and involuntary manslaughter?
Voluntary manslaughter occurs during a sudden quarrel, while involuntary manslaughter results from an unintentional killing during an unlawful act.
What is self-defense in manslaughter cases?
Self-defense is when the accused acted to protect themselves from imminent harm, using reasonable and proportionate force.
Can manslaughter be charged without intent to kill?
Yes, involuntary manslaughter occurs when someone unintentionally causes death during an unlawful act without intent to kill.
What happens if the prosecutor lacks sufficient evidence?
If the prosecution fails to prove guilt beyond a reasonable doubt, the defendant should be acquitted of the charges.
Resources
- Nebraska Manslaughter Law: Defines manslaughter as killing another person without intent, either during a sudden altercation or while committing an illegal act.
- Homicide Mortality by State: A resource from the National Center for Health Statistics providing comparative data on homicide rates across U.S. states.
- Stand Your Ground and Self-Defense Laws: A document discussing “Stand Your Ground” laws, which allow for the use of deadly force in self-defense without the obligation to retreat.
Hire an Experienced Attorney for Manslaughter in Douglas County NE
Liberty Law Group is an experienced group of attorneys that defend against all manner of ttraffic and violent crimes, including manslaughter.
Contact an attorney today for a free consultation by filling out our online form or calling our office at (402) 865-0501.
Our firm proudly serves the communities of Omaha in Douglas County, Lincoln in Lancaster County, Papillion in Sarpy County, and across the neighboring counties of Dodge, Cass, Washington, Saunders, and throughout Eastern Nebraska.
We also represent those charged in Iowa, including the communities of Council Bluffs in Pottawattamie County, Iowa, and surrounding areas.
