Manslaughter Definition in Rhode Island:
Rhode Island manslaughter falls under the the category of homicide. Rhode Island Code Title 11-23-3 defines manslaughter as taking the life of someone else, either with intent, or due to negligence.
Manslaughter can be broken down into two areas:
This is the unintentional killing of another due to recklessness, or the participation of some other crime. Example: The accidental death of someone else due to a DUI.
This is the intentional killing of someone else. It does not include the clause of ‘malice aforethought’ as described in first-degree murder which means it is not pre-meditated.
Pursuant to R.I.G.L. 11-23-1, murder is defined as:
The unlawful killing of a human being with malice aforethought is murder. Every murder perpetrated by poison, lying in wait, or any other kind of willful, deliberate, malicious, and premeditated killing, or committed in the perpetration of, or attempt to perpetrate, any arson or any violation of § 11-4-2, 11-4-3, or 11-4-4, rape, any degree of sexual assault or child molestation, burglary or breaking and entering, robbery, kidnapping, or committed during the course of the perpetration, or attempted perpetration, of felony manufacture, sale, delivery, or other distribution of a controlled substance otherwise prohibited by the provisions of chapter 28 of title 21, or committed against any law enforcement officer in the performance of his or her duty or committed against an assistant attorney general or special assistant attorney general in the performance of his or her duty, or perpetrated from a premeditated design unlawfully and maliciously to effect the death of any human being other than him or her who is killed, is murder in the first degree. Any other murder is murder in the second degree. The degree of murder may be charged in the indictment or information, and the jury may find the degree of murder, whether the murder is charged in the indictment or information or not, or may find the defendant guilty of a lesser offense than that charged in the indictment or information, in accordance with the provisions of § 12-17-14.
If convicted of murder, the penalties include ten (10) years to lifetime imprisonment. Pursuant to Rhode Island General Laws 11-23-3, manslaughter is punishable by imprisonment not exceeding thirty (30) years and is a lesser included offense of murder.
If you have been charged with Manslaughter in Rhode Island you need to seek representation immediately. Contact Rhode Island Manslaughter Defense Attorney S. Joshua Macktaz, Esq. at 401-285-2996.
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