is involuntary manslaughter probational

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is involuntary manslaughter probational

Asked on June 24, 2009 under Criminal Law, Illinois

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

All situations differ depending on the specific circumstances involved. Without additional information I cannot advise as to what I imagine you will be charged with. In general in Illinois involuntary manslaughter is a class 3 felony but as I said depending on the circumstances there are aggravating factors which become an issue and if present can result in this charge being raised to a class 2 felony.

As a general rule a class 3 felony is one for which probation is usually available. However if this does become a class 2 felony it may carry a mandatory jail sentence if applicable.

I would advise you to contact a local attorney to help you proceed and get the best possible outcome for yourself. Good luck

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of Illinois, I think you are asking whether it is possible to receive probation if you are charged with involuntary manslaughter.  Without commenting on any potential minimum mandatory sentence associated with this crime in Illinois, I can say that any sentence is technically possible, depending on whether the State would be amenable to accepting a plea for a potentially lesser charge if for some reason they did not feel that their case was strong.  Moreover, a combination of incarceration and probation could potentially be possible as well.  Nevertheless, any type of manslaughter charge is very serious, therefore I highly recommend that you consult with and/or retain a criminal defense attorney to evaluate the strength of the state's evidence as well as any potential defenses that may be available to you in the interest of obtaining the most favorable resolution of this matter as possible.

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I'm not an Illinois lawyer.  My research suggests that if you have no prior criminal record, and there are no aggravating circumstances, it's possible that an involuntary manslaughter conviction might not mean jail time.  However, there are a lot of things that go into criminal sentencing, and for reliable advice, you need to have all of the unique facts of your case reviewed by an attorney in your area.  A lawyer will also know which of those facts need to be emphasized to the prosecutor and the court, for the best chance at getting probation rather than jail. One place to find a lawyer is our website, http://attorneypages.com


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