Attorney in Omaha, Nebraska
Prosecutors take vehicular manslaughter charges very seriously. So, if you were recently accused of homicide by a motor vehicle while under the influence, the earlier you develop your defense, the better for you. DUI manslaughter is a felony violation, and hence the repercussions of a conviction could result in a severe penalty, jail time, or even both. An experienced criminal defense lawyer can determine your best defense option. Attorney Greg Nelson is here to assist you if you’ve been charged with vehicular manslaughter whether it’s connected to DUI or otherwise.
What Is Vehicular Manslaughter?
Vehicular homicide occurs when a person other than the driver loses their life due to either a murderous or criminally negligent use of a motor vehicle. The defendant is frequently prosecuted with unintentional vehicular manslaughter in circumstances of criminal negligence.
Involuntary Manslaughter Law in Nebraska
Both voluntary and involuntary manslaughter are recognized by Nebraska law. The unlawful killing of another person without malice is known as voluntary manslaughter. Many call it “killing in the heat of passion” since it frequently happens due to an immediate provocation. Involuntary manslaughter is the unintentional, illegal killing of another person while committing unlawful conduct without their consent.
What Is Involuntary Vehicular Manslaughter in Nebraska?
The unlawful killing of another person while using a motor vehicle is involuntary vehicular manslaughter. Killing someone while driving under the influence of drugs or alcohol, which is common in areas like Douglas County, is involuntary manslaughter. In Nebraska, you might spend a significant amount of time behind bars due to these crimes. You will stand the best chance of minimizing the adverse effects these charges could have on your life if you have an experienced DUI manslaughter lawyer.
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What Is an Unlawful Killing?
Unlawful killing is referred to as manslaughter under Nebraska law. An unlawful killing occurs when one person kills another without a valid reason under the law. Not all killings of others constitute crimes. For instance, it is acceptable to use lethal force in self-defense when necessary. Therefore, if deadly force were appropriate under a particular circumstance, the law would forgive the killer.
What’s the Difference Between Murder and Manslaughter?
Murder and manslaughter are closely related crimes. The distinction between the two crimes, however, is in the mental condition of the perpetrator. When someone kills another person knowingly, and after careful consideration, they have committed murder. Some may argue that the distinction between murder and voluntary manslaughter depends on whether or not the victim had enough time to “cool off” before the killing.
The Difference Between Vehicular Homicide and Involuntary Vehicular Manslaughter
The unintentional killing of another person while operating a motor vehicle is known as motor vehicle homicide. However, to be found guilty under Nebraska law, the prosecution must show that the motorist accused of causing death by motor vehicle broke either a state traffic statute, a city ordinance, or a town by-law. The prosecutor’s office has the right to file an involuntary manslaughter or motor vehicle homicide charge against the defendant when someone perishes in an automobile accident caused by illegal behavior.
The accused’s perspective is what distinguishes the two allegations. Involuntary manslaughter is not a lesser included offense in motor vehicle homicide. Therefore, you could be charged with both counts and found guilty. However, you might receive two penalties. A skilled and experienced Nebraska defense lawyer, such as former prosecutor Greg Nelson, can provide in-depth explanations of these offenses. He will work closely with you to develop a strong defense for your case.
What Is the Penalty for Involuntary Manslaughter in Nebraska?
In Nebraska, Class IIA offenses include involuntary manslaughter and DUI-related homicides in vehicles. Accordingly, if found guilty, you might spend up to 20 years behind bars. If you have a prior DUI conviction and are found guilty of driving while intoxicated, you might be sentenced to 1 to 50 years in jail.
Numerous factors go into sentencing, but a knowledgeable defense lawyer like Greg Nelson knows how to highlight your most remarkable traits to the judge. Your best chance to lessen the effects of such a conviction is to have a persuasive advocate.
How My Firm Can Help
If you are accused of involuntary manslaughter by motor vehicle, you will need a tenacious defense attorney with plenty of experience. I am a pragmatic legal representative who understands how to defend his clients. He’s had experience as both prosecutor and defender lawyer with motor vehicle homicide cases and knows how the system works. Call right now for a free consultation with the top defense attorney in Omaha.