4 Things to Know About Manslaughter Crimes in Utah

According to the Utah criminal code, manslaughter is one of many types of criminal homicide. It may seem a little tricky to understand the difference between manslaughter and murder, but the general explanation is that murder is an intentional homicide, while manslaughter can be a homicide caused by recklessness (that wasn’t necessarily intentional). However, there are other factors that can determine the classification of a homicide. So here are four questions you might have about manslaughter crimes in Utah.

1. What defines manslaughter in Utah?

Before we define manslaughter, we need to define a few other words first. These definitions have been edited for clarity. For the full definitions see the Utah code website.  

Recklessly

This means a person is aware of a substantial risk associated with his or her actions but consciously disregards it.

Intentionally

This means a person willfully chooses to act in a way that creates an outcome he or she desires.

Knowingly (with knowledge)

This means a person is aware of the nature of his or her conduct and that they would reasonably assume a certain outcome resulting from that conduct.

Now that we know some basic definitions, below are the actions that constitute manslaughter according to the Utah criminal code.

  • recklessly causes the death of another
  • intentionally, and with knowledge that another individual intends to commit suicide or attempt to commit suicide, aids the other individual to commit suicide
  • commits a homicide which would be murder, but the offense is reduced
  • commits murder, but special mitigation is established (e.g., mental illness or extreme emotional distress)

2. What are the punishments for manslaughter in Utah?

In Utah, manslaughter is classified as a second-degree felony. The punishment for a crime of that nature is imprisonment for a term of no more than 15 years and a fine of no more than $10,000.

In addition to the penalties associated with a second-degree felony, an individual who is convicted of manslaughter will also have his or her driver license revoked if their crime was a result of driving a motor vehicle.

3. What about involuntary manslaughter?

You may have heard the term involuntary manslaughter. Under Utah code, the crime of involuntary manslaughter does not exist. However, there is essentially an equivalent crime called negligent homicide. Generally, negligent homicide is a class A misdemeanor (carrying a punishment of imprisonment for up to a year and a fine up to $2,500)

The Utah criminal code refers to negligence in two different ways: negligence and criminal negligence. Again, these definitions have been edited for clarity. For the full definitions see the Utah code website.

Negligence

This means the failure to exercise a degree of care that a reasonable and prudent person would exercise under similar circumstances.

Criminal negligence

A person is criminally negligent when he or she ought to be aware of a substantial risk and fails to recognize it and avoid it. The risk must be of a nature and degree that the likelihood of injury to another person or property is more than substantial and that an ordinary person would not act in a way to allow it to happen.

Regardless of the type of negligence that led to a homicide, negligence behind the wheel of an automobile increases the severity of the crime.

  • Automobile homicide is a third-degree felony if a person is negligent.
  • Automobile homicide is a second-degree felony if a person is criminally negligent.

Utah code talks specifically about automobile homicide as caused by impairment, which includes distraction by a handheld wireless communication device or a blood alcohol level over the legal limit.

How do I find an experienced lawyer to defend my manslaughter case in Utah?

If you or a loved one has been charged with manslaughter or negligent homicide, the expert lawyers at Brown, Bradshaw & Moffat can help you determine the best course of action. Our defense team has handled manslaughter cases for decades, and we will fight to defend your rights.

Contact us at (801) 532-5297 for a free consultation if you have questions about manslaughter charges, or if you are ready to talk about the best way to defend your case.

More Articles

Can You Answer These 4 Questions About Vehicle Burglary in Utah
It may seem simple enough to open a car door that someone forgot to lock and grab the AirPods sitting in the cupholder. However, the consequences for vehicle burglary in Utah can be serious. In fact, as you’ll learn below, a judge could sentence someone to almost a year of jail time for a vehicle burglary charge. Whether you have been charged with a vehicle burglary in Utah or are curious about the vehicle burglary laws, here are four things you should know.
Read More →
What Is Intimidation in Utah?
When you hear the word intimidation, it might bring to mind a bully threatening to steal your lunch money if you don’t comply with their wishes. On a more frightening note, it could be someone in a gang threatening to inflict serious bodily harm. While this scenario can be scary for the victim, it can also be criminal in the state of Utah. In fact, it’s the seventh most common crime in the Beehive state.
Read More →
law office in Utah
7 Ways to Support Family and Friends Serving in Utah Prisons
It is difficult when a family member or friend leaves to serve a prison term. However, there are ways to make the experience better for both you and your loved one while separated by prison walls. Supporting incarcerated loved ones is a great way to help them not only endure their sentence but find ways to learn and grow from it. Here are seven ways you can support a family member or friend who is serving a prison sentence in Utah.
Read More →

Defend your case with the best criminal defense attorneys in Utah

Get a confidential case evaluation

Our office will contact you as soon as possible to arrange for you to discuss the facts of your case with an experienced criminal defense attorney in Salt Lake City, Utah.​ The use of this form for communication with our personnel does not establish an attorney-client relationship.