Under Iowa law, the crime of manslaughter as either voluntary manslaughter or involuntary manslaughter. Manslaughter cases often involve claims of self-defense. The prosecutor does have to prove that the killing was intentional, instead, the prosecutor needs to show that the act was done solely by reason of sudden passion.
When a person drives under the influence of drugs or alcohol or drives recklessly, and that conduct causes or contributes in a crash that kills another person, the crime of vehicular manslaughter can be charged.
These crimes require the services of an experienced criminal defense attorney to represent you at every stage of the case.
Attorneys for Manslaughter Crimes in Des Moines, Iowa
If you were charged with manslaughter or vehicular manslaughter in Des Moines, Iowa, then contact an experienced criminal defense attorney at McCarthy & Hamrock, P.C.. We can talk with you about the ongoing investigation, defenses to the accusations, and the best ways to fight the case in court.
Let us put our experience to work for you. Call (515) 279-9700 today.
Voluntary Manslaughter Crimes in Iowa
To prove the crime of voluntary manslaughter, the prosecutor must prove each of the following elements beyond all reasonable doubt including:
- the defendant intentionally shot or struck the victim.
- the victim died as a result of being shot or struck.
- the shooting or striking was done solely by reason of sudden, violent and irresistible passion resulting from serious provocation.
Iowa law defines the term "serious provocation" as conduct that would cause a reasonable person to have a sudden, violent and irresistible passion.
Passion is not sudden, violent, and irresistible if there is an interval of time during which a reasonable person would, under the circumstances, have time to reflect and bring [his] [her] passion under control and suppress the impulse to kill. Words alone, however abusive or insulting, cannot be a serious provocation.
Involuntary Manslaughter Crimes in Iowa
Under Iowa Code section 707.5(1), an individual commits involuntary manslaughter when the individual does the following:
- the defendant committed a public offense other than a forcible felony, and
- the defendant's offense caused the death of another person.
Involuntary Manslaughter - Conduct Likely To Cause Death
The prosecutor for the State of Iowa must prove all of the following elements of Involuntary Manslaughter beyond all reasonable doubt including:
- the defendant recklessly committed an act alleged to have caused the death.
- the defendant did the act in a manner likely to cause death or serious injury.
- by doing the act, the defendant unintentionally caused the death of the victim.
This article was last updated on Friday, July 7, 2017.