Manslaughter
Manslaughter is defined as causing the death of another person without premeditation. According to Utah law, premeditation is defined as planning, plotting or deliberating before doing something.
Manslaughter is divided into two distinct categories: voluntary or involuntary. Voluntary manslaughter is usually referred to as a “killing of passion” or “a heat of the moment killing”. These charges depend on the perpetrator knowing that the act would result in the death of another person, but not planning to commit the act before that moment.
Involuntary manslaughter happens when another person’s death is caused by accident or reckless conduct. If you unintentionally cause an automobile accident and it results in the death of someone else, you could be charged with vehicular manslaughter. Anyone facing involuntary or vehicular manslaughter charges will typically face lesser penalties in comparison to regular manslaughter.
Learn more about Utah Manslaughter Defense.
DUI Manslaughter
Driving while drunk is not a good idea. And if an intoxicated driver kills another person— whether the victim is another driver or a pedestrian—that driver could be charged with DUI manslaughter. The main distinction between murder and manslaughter is intent. Murder generally requires an intentional and malicious mens rea (mental state); whereas manslaughter is an unintentional or inadvertent killing. DUI manslaughter charges are commonplace when someone has been killed in an accident involving an intoxicated driver. DUI manslaughter can arise from ordinary negligence, such as violating a traffic law; or may arise from reckless action, such as driving on a sidewalk. Recklessness is similar to criminal negligence, but there is a subtle difference: criminal negligence is triggered when the defendant reasonably should have known of the risk; whereas recklessness involves the defendant actually ignoring or consciously disregarding the risk. However, regardless of the underlying mental state, DUI manslaughter is a serious crime with severe implications.
To prove DUI manslaughter, the state must also prove the motorist was operating the vehicle under the influence of alcohol. The automobile homicide statute defines, “under the influence,” as meaning the person had a blood alcohol content (BAC) of .05% or more; or was impaired by drugs or alcohol to a degree that rendered the person incapable of driving safely. To show that the motorist was impaired, the state must prove at least one of the following facts beyond a reasonable doubt:
- The defendant was driving with a BAC (blood alcohol content) of 0.08 or higher.
AND/OR
- The defendant was “incapable of safely operating a vehicle” due to being under the influence of drugs and/or alcohol.
Utah has a distinct and separate statute for fatal accidents that occur while the driver is texting or otherwise distracted by a mobile cellular electronic device. see Utah Code § 76-5-207.5. Like other varieties of automobile homicide, the crime constitutes either a second or third-degree felony— depending on whether the driver was negligent or criminally negligent. But unlike DUI manslaughter, the prosecutor does not need to show that the defendant was impaired or intoxicated by drugs or alcohol.
Lastly, a defendant cannot be convicted of vehicular homicide unless there’s proof that the motorist was the actual and proximate cause of the death. In other words, there needs to be a direct link between the defendant’s driving and death. Actual causation is shown by proving that the motorist factually precipitated the trauma that ultimately resulted in death, and proximate cause is proven by demonstrating that no superseding cause cut off liability. If either actual or proximate cause is absent, the defendant cannot be convicted.
Automobile Homicide
Fatal traffic collisions involving allegations of impairment, reckless driving, or other criminal conduct may result in automobile homicide charges. These cases often involve accident reconstruction experts, toxicology reports, and complex forensic evidence.
Criminally Negligent Homicide
Criminally negligent homicide generally involves allegations that a person’s criminal negligence caused another individual’s death. These cases often focus on whether the defendant’s conduct actually satisfies Utah’s legal definition of criminal negligence.
Learn more about Criminally Negligent Homicide Defense.
Felony Murder
Under certain circumstances, prosecutors may pursue murder charges when a death occurs during the commission or attempted commission of another felony, even if the death was not intentional. These cases involve unique legal issues that require an experienced criminal defense strategy.
What Prosecutors Must Prove
Although every homicide-related offense has different legal requirements, prosecutors must prove every required element beyond a reasonable doubt.
Depending on the specific charge, prosecutors generally must establish:
- The identity of the accused.
- That the alleged victim is deceased.
- That the defendant’s actions legally caused the death.
- The required mental state established by the applicable Utah statute.
- Any aggravating circumstances required for the specific offense.
- That all evidence was lawfully obtained.
- Every required legal element beyond a reasonable doubt.
Our attorneys carefully examine every aspect of the prosecution’s case to determine whether the evidence actually supports the charges filed.
Common Defense Strategies
Every homicide case requires an individualized defense strategy based on the facts, forensic evidence, and legal issues involved.
Common defenses may include:
Self-Defense
Utah law recognizes that individuals may lawfully use force, including deadly force in certain circumstances, to protect themselves against imminent unlawful force.
Defense of Another Person
A person may also be legally justified in using force to protect another individual from imminent serious harm.
Accident
Not every death results from criminal conduct. Some deaths are tragic accidents that do not satisfy the legal requirements for criminal liability.
Lack of Causation
The prosecution must prove that the defendant’s actions actually caused the death. Medical evidence, pre-existing conditions, or intervening events may become significant issues.
Mistaken Identity
Witnesses, surveillance footage, and forensic evidence do not always identify the correct individual.
Constitutional Violations
Evidence obtained through unlawful searches, improper interrogations, or violations of constitutional rights may be challenged before trial.
How Homicide Investigations Work
Homicide investigations are among the most extensive criminal investigations conducted by law enforcement.
Investigators commonly:
- Secure and process the crime scene.
- Execute search warrants.
- Interview witnesses.
- Review surveillance footage.
- Analyze cell phone records.
- Obtain digital communications.
- Conduct forensic testing.
- Perform autopsies.
- Review toxicology reports.
- Consult forensic pathologists.
- Present evidence to prosecutors for charging decisions.
Because investigations often begin before an arrest occurs, retaining legal counsel early can be critical to protecting your rights.
Evidence Used in Homicide Cases
Homicide prosecutions often involve numerous forms of evidence, including:
- DNA evidence
- Fingerprint evidence
- Ballistics testing
- Blood evidence
- Crime scene reconstruction
- Autopsy reports
- Toxicology reports
- Medical records
- Surveillance footage
- Cell phone records
- GPS location data
- Digital communications
- Witness testimony
- Expert testimony
Our attorneys carefully analyze every piece of evidence for reliability, scientific accuracy, and constitutional compliance.
Penalties for Conviction
Penalties for DUI manslaughter can be quite harsh. If convicted, defendants lose their driver’s license, must pay restitution to victims, and can face a long prison sentence. Manslaughter is a second-degree felony, meaning the sentence ranges from 1 to 15 years, and carry a maximum criminal fine of $10,000. Additionally, under Utah Code § 76-5-205(3)(a), any defendant convicted of manslaughter “shall have [their] driver license revoked… if the death of another person results from driving a motor vehicle.” Meaning that all drivers convicted of automobile homicide face at least a one-year license revocation. The consequences of an automobile homicide conviction largely depend on the circumstances, and Utah applies a tiered system of penalties:
- Negligence: Automobile homicide that involves simple negligence is a third-degree felony that carries a penalty of up to five years in prison and a maximum of $5,000 in fines.
- Recklessness: Criminally reckless vehicular homicide is a second-degree felony that carries a minimum penalty of one year of prison (with a maximum sentence of up to 15 years in prison) as well as $10,000 in fines.
- Felony DUI Manslaughter: Where an automobile homicide conviction involves an intoxicated driver and the intoxicated motorist has a prior DUI conviction, the crime is a second-degree felony (see penalties above) regardless of whether committed with simple or criminal negligence.
Why Early Legal Representation Matters
Many people believe they should wait until formal charges are filed before contacting an attorney. In reality, some of the most important opportunities to protect your rights occur during the investigation itself.
Early representation allows your attorney to:
- Protect your constitutional rights.
- Prevent damaging statements to investigators.
- Preserve favorable evidence.
- Communicate with law enforcement on your behalf.
- Begin developing your defense immediately.
- Identify expert witnesses before evidence is lost.
The sooner an experienced criminal defense attorney becomes involved, the more opportunities may exist to strengthen your defense.
Building a Strong Defense
Successfully defending a homicide case requires an independent investigation that often extends far beyond the police report.
Our attorneys may:
- Conduct independent witness interviews.
- Review body camera footage.
- Analyze forensic evidence.
- Consult medical experts.
- Review autopsy findings.
- Challenge DNA and ballistics evidence.
- Examine search warrants.
- Investigate constitutional violations.
- Prepare every case for trial.
Although many criminal cases resolve before trial, we prepare every homicide case as though it will ultimately be decided by a jury.
Frequently Asked Questions
What’s the difference between murder and manslaughter?
Although both involve the death of another person, the required mental state and legal elements differ significantly under Utah law.
Can homicide charges be reduced?
Depending on the evidence, prosecutors may agree to reduce charges through plea negotiations, or the court may dismiss charges if legal or evidentiary issues exist.
What if the death was accidental?
Not every accidental death results in criminal liability. Whether criminal charges are appropriate depends on the facts and applicable Utah law.
Can I claim self-defense?
Possibly. Utah law recognizes self-defense in certain circumstances. Whether it applies depends on the facts surrounding the incident.
Should I speak with detectives?
No. You have the constitutional right to remain silent. Before answering questions or providing a statement, speak with an experienced criminal defense attorney.
What evidence do prosecutors use?
Depending on the case, prosecutors may rely on forensic evidence, DNA, autopsy reports, surveillance footage, witness testimony, digital evidence, medical records, and expert testimony.
Will my case go to trial?
Every case is different. Some are resolved through negotiations, while others proceed to trial. Our attorneys prepare every case as though it will ultimately be decided by a jury.
Why Choose Wasatch Defense Lawyers?
Homicide cases require experienced criminal defense attorneys who understand complex forensic evidence, constitutional law, and high-stakes criminal litigation.
Wasatch Defense Lawyers has:
- More than 100 years of combined criminal defense experience
- 650+ jury trials
- Multiple Best of SLC Criminal Defense awards
- Extensive experience defending clients accused of Utah’s most serious criminal offenses
We understand what is at stake and aggressively fight to protect our clients’ freedom, constitutional rights, and future.
Salt Lake’s Best Violent Crimes Defense Attorney
If you are accused of a violent crime, your quality of life is at stake. Wasatch Defense Lawyers has a team of experienced litigators capable of achieving the best possible outcome. These crimes are serious and the punishment for any of them can take years to overcome. Don’t risk such a serious conviction. The lawyers at Wasatch Defense Attorneys are consistently ranked as the best criminal defense attorneys in Salt Lake City, and know the sort of problems you’re facing and how to tackle them.
If You or Someone you Love in Utah has Been Charged with DUI Manslaughter, Vehicular Homicide or an Assault Resulting in Death, Call (801) 459-8909 to Schedule a Free Case Review for a free case review.
