Manslaughter and Reckless Homicide are both crimes involving the death of another. Without an experienced attorney that handles murder cases, it can be hard to tell the difference in these very different crimes. That’s why you need an Attorney who is familiar with all of the Murder, Manslaughter, and Homicide crimes and knows how to defend each one. Baldani Law Group is a team of Kentucky Manslaughter Attorneys with decades of experience. We are ready to help you or your loved one fight one of these difficult charges.
Do not wait to get an attorney if you are facing a manslaughter or other homicide charge. Early involvement of a lawyer is crucial. We have won murder cases at trial and had them dismissed prior to trial. Let us be your strong defense.
Kentucky Revised Statute (KRS) 507.030 — Manslaughter in the First Degree
Under KRS 507.030 a person is guilty of manslaughter in the first degree when:
- With intent to cause serious physical injury to another person, he causes the death of such person or of a third person;
- With intent to cause the death of another person, he causes the death of such person or of a third person under circumstances which do not constitute murder because he acts under the influence of extreme emotional disturbance, as defined in subsection (1)(a) of KRS 507.020; or
- Through circumstances not otherwise constituting the offense of murder, he or she intentionally abuses another person or knowingly permits another person of whom he or she has actual custody to be abused and thereby causes death to a person twelve (12) years of age or less, or who is physically helpless or mentally helpless.
Kentucky Revised Statute (KRS) 507.040 — Manslaughter in the Second Degree
Under KRS 507.040 a person is guilty of manslaughter in the second degree when:
- he wantonly causes the death of another person, including, but not limited to, situations where the death results from the person’s:
- Operation of a motor vehicle; or
- Leaving a child under the age of eight (8) years in a motor vehicle under circumstances which manifest an extreme indifference to human life and which create a grave risk of death to the child, thereby causing the death of the child.
Penalty for Manslaughter in Kentucky
Manslaughter in the First Degree is a Class B Felony. It carries ten to twenty years in prison and is considered a violent crime. No parole is available until 85% of the sentence is served.
Manslaughter in the Second Degree is a Class C Felony. It carries five to ten years in prison. It is not considered a violent crime. Parole is available after 20% of the sentence being served, unless the victim was a member of law enforcement. Probation is available in some instance, though rare.
Defenses for Manslaughter in Kentucky
Defense of Others
Defending others may be a justification for manslaughter in Kentucky. The defendant must prove that they were acting reasonably and rationally in fear of death of serious physical injury of the person they are protecting.
Defending yourself may be a justification for manslaughter in Kentucky. The defendant must prove that they were acting reasonably and rationally in fear of death of serious physical injury of their person.
Defense of Property/Dwelling
In some circumstances, the defendant can invoke the “Castle Doctrine” and be protected from prosecution for homicide.
Manslaughter First Degree requires intentional conduct. If a death was truly an accident, manslaughter is not appropriate, unless the accident was the amount of force used. Manslaughter Second Degree may be appropriately charged where the defendant’s accident was “wantonly” committed.
What are Not Defenses to Manslaughter?
Threat of Mere Physical Injury
A person threatening to punch you does not warrant serious physical force in Kentucky. You must protect yourself proportionally to the threat against yourself or the other person.
I Was on Drugs When it Happened
While involuntary intoxication can be a defense to wanton crimes, voluntary intoxication is not. In some limited circumstances, intoxication could serve as a defense to Manslaughter First Degree, but it is not generally an available option for Manslaughter Second Degree.
Contact Lexington Manslaughter Lawyers
Don’t wait to schedule a free consultation with Baldani Law Group and our team of Kentucky Manslaughter Attorneys. Our phones ring 24/7 and on nights, weekends and holidays. We care about our clients and want to win your case. Let us make your problem, our problem.