The manslaughter law in New Mexico defines this crime as the unlawful killing of another person without malice. State law recognizes two types of manslaughter charges, including voluntary manslaughter, a third-degree felony resulting in the death of a human being, and involuntary manslaughter, a fourth-degree felony.
Our criminal defense attorney offers an overview of New Mexico’s manslaughter law and the associated penalties if convicted. Grano Law Offices, P.C. wrote this post with people arrested for manslaughter and their worried loved ones in mind.
Overview of New Mexico’s Manslaughter Law
New Mexico’s manslaughter law involves several factors and considerations when facing charges. However, it is helpful to understand what statutes are and how they work beforehand when reading legal definitions.
Below, we explain the role of criminal statutes and how we use them and conclude by breaking our state’s manslaughter statute specifically.
The Role of Criminal Statutes
New Mexico decides criminal offenses based on statutes. Statutes are state-level laws and not federal codes or local ordinances. The language contained within the statutes defines crimes, such as manslaughter, including classification and maximum allowable sentence. Criminal courts oversee the prosecution of statutory offenses and use New Mexico’s state law to decide their outcomes.
New Mexico’s Manslaughter Statute
You can find the manslaughter statute under NMSA § 30-2-3. New Mexico criminal statutes offer relevant details, such as definitions, classifications, grading levels, and considerations. Manslaughter charges are felonies under state late, which impose more severe sentences than misdemeanors.
Let’s do a breakdown of this law, so that you have a solid understanding of what it means, section by section:
- Standard Definition: “Manslaughter is the unlawful killing of a human being without malice.” This definition tells us that it is a crime to illegally end a person’s life, but it is considered manslaughter when committed without the intent to cause harm or violate someone’s legal rights. It sets the standard definition of the crime before explaining variations.
- Subsection A: “Voluntary manslaughter consists of manslaughter committed upon a sudden quarrel or in the heat of passion.” This subsection of the manslaughter statute tells us that the state recognizes the difference between voluntary and involuntary crimes. Building upon the standard definition, it accounts for moments when provoked by another, albeit voluntarily. Subsection A concludes by classifying manslaughter as a third-degree felony resulting in the death of a human being.
- Subsection B: “Involuntary manslaughter consists of manslaughter committed in the commission of an unlawful act not amounting to felony, or in the commission of a lawful act which might produce death in an unlawful manner or without due caution and circumspection.” In subsection B, the definition is a little longer but basically accounts for acts of negligence. Involuntary manslaughter is a fourth-degree felony under New Mexico law.
Manslaughter charges are considered violent crimes in New Mexico since they recognize the death of another human allegedly caused by someone else’s voluntary or involuntary actions. If you face manslaughter charges, it is critical to understand that you could face a lengthy prison sentence and criminal fines, as described below.
Manslaughter Conviction Penalties in New Mexico
You face prison, fines, and other consequences if convicted of manslaughter in New Mexico. Since voluntary and involuntary manslaughter convictions are classified as felonies, they are among some of the most serious criminal charges one could face. However, their grading is different, with voluntary manslaughter classified as a third-degree felony resulting in the death of a human being and involuntary manslaughter classified as a fourth-degree felony.
Prison Sentences
Under NMSA § 31-18-15, New Mexico criminal judges have the discretion to basic prison sentences for manslaughter convictions, including:
- Voluntary manslaughter: Up to six years imprisonment, and a mandatory two year parole period if sentenced to any term of imprisonment.
- Involuntary manslaughter: Up to eighteen months imprisonment, and a one year period of parole if sentenced to any term of imprisonment.
Fines
The same statute also addresses basic fines for both voluntary and involuntary manslaughter as up to $5,000.
Collateral Consequences
Upon release from prison, it is not uncommon for people to face intense scrutiny and stigma with a felony conviction showing up on a background check. This situation can make it difficult to find employment, rent a home, and reclaim custody or visitation rights with children.
Yes, You Could Beat Your Manslaughter Charges
Anyone accused of a crime in New Mexico can defend their rights in court. Serious charges call for immediate action, including contacting a criminal defense attorney, beginning a defense investigation, assessing the case against you, and preparing a defense. Waiting to hire a violent felonies defense lawyer could end up costing you your freedom if you make legal errors or self-incriminate inadvertently.
Manslaughter charges are defensible. Prosecutors do not always get their allegations right and may have even violated your civil rights in the process. Do not let them unlawfully place the guilt on you without putting up a fight; get legal advice and help from an experienced criminal defense law firm in New Mexico, like Grano Law Offices, P.C.
Free Case Strategy Session with an Award-Winning Defense Lawyer
Marc A. Grano, founder and lead counsel of Grano Law Offices, P.C., has decades of experience protecting good people in bad situations. With his legal team, Marc will launch an investigation of the facts to determine what prosecutors think they can prove and present you with an initial case strategy.
Learn more by scheduling your Free Case Strategy Session today by calling (505) 426-8711 or messaging him confidentially online.
