When an individual is accused of causing the death of another, the state may pursue homicide charges. Generally, this entails either manslaughter or murder. While both carry severe penalties, significant distinctions exist between the legal definitions of these offenses. An experienced Des Moines Criminal Defense Lawyer can provide further information regarding these charges and advise on appropriate actions should you face such accusations in Iowa.
What Are the Key Differences Between Murder & Manslaughter in Iowa?
While both murder and manslaughter are considered homicides, the severity of these charges will differ. This is because the primary difference between the two is the defendant’s state of mind at the time of the crime. Murder is often charged due to allegations that the defendant’s actions were intentional, if not deliberate, whereas manslaughter is the result of actions that cause a death without premeditation or planning that would result in a murder charge.
Intention and Premeditation: The Most Important Legal Distinctions
When faced with a homicide case, investigators and prosecutors must determine whether or not the defendant intended to kill the other party, and whether or not any planning went into the act. It’s necessary to understand that, even when intense violence occurs, not every homicide offense constitutes murder.
In short:
- Murder is the act of intentional killing, and is often considered more serious because of the extreme disregard for human life or deliberation
- Voluntary manslaughter, on the other hand, is an intentional killing, but without premeditation or malice aforethought, often occurring in the “heat of passion.”
- Involuntary manslaughter is any death caused by reckless or dangerous actions, without the intent to take someone’s life
Why These Differences Matter
Though many people assume that all homicide offenses are the same, this is far from the truth. In reality, these differences impact what the prosecution must prove beyond a reasonable doubt, the types of defenses that may be applicable, and the penalties a defendant may face if they are convicted.
What Is Considered Manslaughter in Iowa?
Manslaughter is typically considered a lower homicide offense due to the lack of planning and premeditation that is often present in murder cases. However, it’s necessary to understand that manslaughter is still a serious felony crime and can carry lifelong consequences.
Voluntary Manslaughter
Under Iowa Code 707.5, voluntary manslaughter charges are typically brought against those who commit a killing in the heat of the moment. This often occurs when an altercation escalates or an individual is provoked, leading to an impulsive act. While still a grave offense demonstrating unacceptable behavior, there is an acknowledgement that such circumstances may arise from extraordinary situations.
Common situations in which voluntary manslaughter occurs include:
- A sudden escalation of a fight or altercation
- The situation is emotionally charged
- The defendant reacts impulsively
- There is intense provocation that immediately precedes the event
Involuntary Manslaughter
Involuntary manslaughter, on the other hand, typically applies when someone’s reckless or dangerous behavior results in the death of another person, even without the intent to kill, as defined under Iowa Code 707.4.
Common scenarios in which involuntary manslaughter occurs include:
- Reckless driving resulting in a fatal collision
- Extreme carelessness with a dangerous object or activity
- Behavior that shows complete disregard for safety, even if death wasn’t intended
Manslaughter Penalties
The penalties you can face for manslaughter can be intense, with lengthy prison sentences and a permanent criminal record that can impact your rights and employment opportunities.
Under Iowa law, voluntary manslaughter is generally charged as a Class C felony, which carries:
- Up to 10 years in prison
- The potential for up to $13,660 in fines
Involuntary manslaughter, on the other hand, may be charged as an aggravated misdemeanor or Class D felony depending on the circumstances of the case. When charged as an aggravated misdemeanor, this carries:
- Up to two years in prison
- Up to $8,500 in fines
When charged as a Class D felony, involuntary manslaughter warrants:
- Up to 5 years in prison
- Up to $10,250 in fines
What Is Considered Murder in Iowa
Under Iowa Code 707.1 Murder is the most severe homicide offense, and is generally considered one of the most heinous crimes. This offense is characterized by premeditation. As such, prosecutors and law enforcement will look for evidence that shows that there was intent to commit murder or steps taken to make death more likely.
Murder Often Involves Deliberate Intent
It’s important to understand that these charges depend heavily on proof that the defendant intended to take the life of another person as opposed to simply acting dangerously.
Examples of facts that prosecutors will use to argue murder include:
- Lying in wait or anticipating the arrival of the victim
- Bringing weapons
- Statements made in texts or in prior disputes that suggest intent
- Targeted violence, as opposed to an impulsive act
First vs. Second-Degree Murder
You should note that, despite the severity of a murder offense in Iowa, there are still two different degrees you may be charged with, based on the level of planning and intent that went into the commission of the offense.
Second-degree murder is often charged when the state alleges that an intentional killing took place without the elements that elevate an offense to a first-degree charge. This can result in decades in prison.
First-degree murder charges are typically reserved for the most serious offenses that entail deliberate planning. If convicted, the defendant may face life in prison for this offense.
How Can I Defend Myself Against Murder or Manslaughter Charges?
If you are facing manslaughter or murder charges in Iowa, the defensive strategy you employ is entirely contingent upon the unique circumstances of your case. It’s necessary to understand that small or seemingly insignificant details can change the outcome of your case, so working with an experienced Des Moines criminal defense attorney is critical.
You should also note that the defense will depend on what the prosecutors must prove. For example, your attorney may be able to argue that you are not guilty of murder because there was no premeditation leading up to the incident.
Potential Defenses in Iowa Homicide Cases
As mentioned, the defenses applicable to your case will depend on the charges you’re facing and the unique circumstances that are present in your situation. However, some of the most common defenses used in homicide cases include:
Self-Defense or Defense of Others
This applies when the defendant reasonably believed they were in imminent danger of serious bodily injury or death and used force to protect themselves or another person. However, the force used, including deadly force, must have been used in proportion to the threat.
False Accusation or Mistaken Identity
This applies if a defendant believes they were wrongly accused or that a witness made a mistake in identifying them as the perpetrator.
Lack of Intent
Manslaughter or murder charges necessitate proof of specific intent. If the prosecution fails to establish intent, the defendant can contend that they didn’t intend the result of their actions.
Heat of Passion or Provocation
Your attorney may be able to successfully challenge premeditation or planning arguments by the prosecution by showing that you had no intent to kill, and the act only occurred after intense provocation.
What Should I Do if I’m Being Investigated for a Homicide in Iowa?
If you have reason to believe you are under investigation for a homicide offense in Iowa, the steps you take can have a considerable impact on the outcome of your case, so understanding how to proceed is imperative. As such, you should keep the following in mind:
- Do not answer questions without an attorney
- Invoke your Fifth Amendment right to remain silent
- Do not consent to searches without a warrant
- Do not discuss the matter with anyone other than your attorney
Contact an Experienced Des Moines Criminal Defense Lawyer
Each case is distinct, and your legal counsel will assist you in identifying the most effective methods to challenge the prosecution’s arguments and secure an acquittal. That is why it is imperative to connect with an experienced attorney with Herting Law, PLLC. We understand how serious these charges can be, which is why we will explore all avenues to help you fight for the best possible outcome for your situation. Contact us today to learn more.
