Involuntary Manslaughter
Iowa Involuntary Manslaughter Laws
Involuntary Manslaughter is the charge often filed by the prosecution when they are unable to prove an intent on the part of the defendant to cause harm to the victim.
Unintentional Harm
In these cases, there was no intent to harm the victim but the person’s actions were done in a way that the State believes they should be held criminally responsible for the individual’s death. The State can allege either that the individual committed a “public offense” resulting in death or otherwise engaged in conduct “likely to cause death.”
Public Offense
A “public offense” is essentially any traffic or criminal offense that is punishable by a fine or jail time. Careless driving, assault, speeding, failure to maintain control, and other such offenses are all considered “public offenses.” Obviously it is concerning that ANY public offense may form the basis of an Involuntary Manslaughter charge.
Recklessness, Willful & Wanton Disregard
However, there is an additional requirement that the person’s conduct must be reckless. In otherwords, their conduct must demonstrate a willful and wanton disregard for the safety of others. It is not enough for the defendant merely to have committed a “public offense” that offense must have been committed in a reckless manner in order from criminal liability to attach.
Class D Felony
Involuntary Manslaughter, by public offense, is a Class D felony punishable by up to 5 years in prison and a fine of up to $7,500. If convicted the defendant is also responsible for $150,000 in restitution to the estate of the victim. Probation is an option.
Aggravated Misdemeanor
Involuntary Manslaughter, by conduct likely to cause death, is an Aggravated Misdemeanor punishable by up to 2 years in prison and a fine of up to $6,250.00. Probation is an option and the statutory $150,000 restitution to the victim’s estate is not applicable although restitution may be ordered.
Iowa OWI Defenders
contact us at 1-888-278-1027
Gourley, Rehkemper & Lindholm
IOWA DRUNK DRIVING DEFENSE LAWYERS
303 Locust Street, Suite 200
Des Moines, Iowa 50309
Phone: (515) 226-0500
Toll free: 1-888-278-1027
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You can also get directions and see an enlarged map of the area surrounding the attorneys' offices at 303 Locust Street by clicking on the links above or the words in this paragraph.
free initial consultation
If you or someone you care about has been arrested for drunk driving or an intoxication related offense, remember that an arrest is not a conviction; there are many, many reasons why an OWI charge may be wrong. If the driver doesn't believe that he or she was drunk, that very well may be the case; breathalyzers can malfunction. There are also many other reasons for improper drunk driving accusations. We know, we find them all the time.
call Iowa OWI Defenders at 1-888-278-1027
For a free initial consultation, please call the law offices of Attorney Robert Rehkemper and Attorney Matthew Thomas Lindholm at (515) 226-0500, or if you are located outside the local Des Moines, West Des Moines, Iowa area, use our toll free number, (1-888-278-1027).
Send your OWI Arrest Information To An Attorney
You can also send details about your OWI arrest to the attorneys with the CASE SUBMISSION FORM. That form is very handy for after-hours communications, to give the attorneys a head's-up that you will be calling, or to leave a message for one of them to call you back. While arrest and charge information is public, be sure to exclude any confidential information.
prepare for consultation
The attorneys at Gourley, Rehkemper & Lindholm are extremely detail-orientated; they want information from you pertaining to every aspect of your case including your and police actions prior to the police stop, peliminary to your arrest, during arrest and after arrest.
An OWI DUI Questionnaire Form is ready for you to print and complete to prepare for your consultation with an attorney.
driver's rights card
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Gourley, Rehkemper & Lindholm founded the Driver's Rights Card to protect people's rights if ever they're stopped in Iowa by police for suspicion of operating a motor vehicle while under the influence. Protect your freedom - get the free card.
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GRL's attorneys frequently appear in the courts in Des Moines, Iowa and West Des Moines, Iowa (Polk County), Waterloo and Cedar Falls, Iowa (Black Hawk County), Cedar Rapids, Iowa (Linn County), Iowa city, Iowa (Johnson & Washington County), Omaha and Council Bluffs, Iowa (Pottawattamie County), Davenport, Moline, Rock Island, Iowa (Scott County), and Sioux City, Iowa (Woodbury County), as well as Dubuque, Monroe, De Soto, Nevada, Story City, Pleasant Hill, Capitol Heights, Marquisville, Urbandale, Clive and Windsor Heights, Iowa, and all other areas in Iowa.
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