Indiana Code Section 35-42-1-5, which is the Indiana law that addresses Reckless Homicide states that Reckless Homicide is different than Involuntary Manslaughter due to the fact that the involuntary homicide laws involve unintentional deaths that occur while the perpetrator is engaged in a crime that inherently creates a risk of serious bodily injury. While for an individual to be charged with a reckless homicide in Indiana, the law does not require that the individual have engaged in any illegal act apart from the reckless behavior that resulted in death. If you’ve been charged with a reckless homicide and need an Indianapolis Reckless Homicide Lawyer. Call Indianapolis criminal defense attorney Jesse K. Sanchez at 317-721-9858.
What is Reckless Homicide?
Reckless homicide is a crime where the person committing the crime was aware of their actions or failure to act when there is a legal duty to act, this creates significant risk of death or grievous bodily harm but they disregard the risk and continues their actions or fail to act, and a human death results. Reckless homicide is different from intentional homicide because intentional homicide is willful and premeditated with malice aforethought.
The Significant Risk of Death in Reckless Homicide
The risk must be so great and apparent that to ignore it constitutes a major shift from the standard of care a normal person would exercise under the circumstances. Recklessness can also be established if it is shown that the person acted intentionally or knowingly. Criminal Recklessness is commonly charged for motor vehicle accidents, firearms incidents, and acts undertaken while a person is intoxicated or under the influence of drugs.
Reckless Homicide With A Motor Vehicle
Additionally, when a person is convicted of a reckless homicide resulting from the operation of a motor vehicle, his or her driving privileges shall be suspended for 2-5 years, depending on the recommendation of the court. A civil wrongful death lawsuit is possible. If you’re served with papers about this, contact an experienced personal injury defense attorney for help. We can be contacted here in 24 /7/365!
Reckless Homicide in Indiana is a Serious Offense
Consequences Of Reckless Homicide are stiff. You need an Indianapolis Reckless Homicide Lawyer.
Reckless homicide is considered a third degree felony with penalties of up to five years in prison and a $10,000 fine. First degree reckless homicide, non-drug related, is a Class B felony. Class B felonies can receive a maximum sentence of 60 years in prison. In Indiana, reckless homicide is a level 5 felony. The sentencing range for this level 5 felony is 1 to 6 years incarceration and a fine up to $10,000. Followed by probation, community service and possible restitution, as there is a civil liability component with a reckless homicide death. If you or a family member has been charged with reckless homicide, you need an Indianapolis reckless homicide lawyer.
When someone has acted without thinking ahead, a reckless homicide charge can arises and there can be disastrous results. Be aware not to make the same mistake twice. Contact Indianapolis criminal defense lawyer, The Law Office of Jesse K. Sanchez today at 317-721-9858 to discuss your case and start planning your defense.