Imagine a night out with friends that ends badly. An argument blows up, and you throw a punch in anger. Suddenly, the person you hit falls and gets a fatal injury.
In Indiana, the death of someone due to a punch could potentially fall under either reckless homicide or involuntary manslaughter, depending on the specific circumstances of the incident.
Potential charges
Depending on what happened, you could face either:
- Reckless homicide: If you recklessly throw a punch while aware of and disregarding a substantial risk that your actions could cause serious harm or death. For example, throwing a punch in a highly aggressive manner without considering the potential consequences.
- Involuntary manslaughter: If you throw a punch during the commission of another crime that inherently poses a risk of serious injury, such as an assault or battery, and the punch results in death.
The critical difference lies in the intent and context of the action. Reckless homicide focuses on the irresponsible nature of the act itself, while involuntary manslaughter involves the death occurring during the commission of another crime.
Legal consequences
The exact penalties depend on the case details, including how careless you were and if you had any previous criminal history. Even if unintended, the law treats such cases seriously due to the severity of the consequences.
What to do
If you find yourself in this situation, consider taking these steps:
- Seek legal help immediately: Contact a criminal defense lawyer to protect your rights and guide you through the legal process.
- Wait for a lawyer before giving a statement: Avoid talking to the police or others without your lawyer present, as they can use your words against you.
- Gather evidence: Collect evidence, such as witness statements or video footage, which might help your case.
- Follow legal advice: Strictly follow your lawyer’s advice to ensure the best possible outcome.
- Consider counseling: Seek counseling to deal with the emotional impact of such a traumatic event.
These steps can help you handle this challenging situation. Remember, seeking legal advice to understand your rights and possible defenses is crucial if you face such circumstances.