How Alcohol or Drugs Can Impact a Manslaughter Charge
South Carolina law defines manslaughter as the killing of another without malice aforethought. Many times, manslaughter is referred to as a “heat of passion” crime, with a strong provocation causing the offender to commit the unthinkable. When alcohol or drugs play a role, a manslaughter charge may be elevated. This is accompanied by harsher penalties, threatening your freedom and future. Protecting your rights is key to preserving your reputation. To discuss your options following a manslaughter charge, our Greenville criminal defense lawyers at Ryan Beasley Law are ready to assist you.
The Presence of Alcohol or Drugs in Homicide Cases
Alcohol or drugs can show up in similar ways in different scenarios. Whether it be a bar fight resulting in someone suffering a fatal fall, a drunk driver crashing into another vehicle and killing the driver, or a lover’s quarrel turned deadly, chemical substances impact our ability to make sound judgments. Many defendants assume this works in their favor. It does not.
South Carolina does not recognize voluntary intoxication as a defense to a crime, and being drunk or high will not reduce a murder charge to manslaughter. If anything, the prosecution will use evidence of substance use against you, arguing that it shows recklessness or a disregard for the safety of others. This makes it even more important to have a defense lawyer who can address the role of alcohol or drugs in your case head-on.
Reckless Homicide versus Felony DUI
When a death occurs on the road, South Carolina prosecutors generally choose between two charges. Reckless homicide applies when a driver kills another person while driving in reckless disregard of the safety of others. It is punishable by up to 10 years in prison and a fine of $1,000 to $5,000. Felony DUI resulting in death is the more serious charge, requiring proof that you drove while materially and appreciably impaired and that your negligence caused the death of another.
Under SC Code §56-5-2945, a conviction carries a mandatory minimum of one year and up to 25 years in prison, along with a fine of up to $25,100. Evidence of intoxication, including a high blood alcohol concentration, is often what pushes prosecutors toward the felony DUI charge rather than reckless homicide.
Building a Strong Defense
Defending manslaughter charges requires reviewing information and evidence to outline the trajectory of your case. Our Greenville criminal defense attorneys accomplish this through:
- Completing an independent investigation into your case.
- Gathering evidence that mitigates or negates your criminal liability (for example, evidence that suggests your inebriation did not impact your conduct).
- Representing you in court.
- Negotiating a plea deal with the prosecution (agreeing to plead guilty in exchange for a more lenient sentence).
- Filing pre-trial motions, including motions to suppress illegally obtained evidence and motions to dismiss charges that are not supported by the facts or the law.
- Preparing for trial: This includes preparing witnesses, taking part in jury selection, cross-examining witnesses, presenting evidence, and preparing the opening statement and closing argument.
- Preparing for appeal: If any legal errors occurred during trial, our defense lawyers may appeal the court’s decision.
Speak with Our Greenville Criminal Defense Attorneys Today
Manslaughter charges come with significant penalties, threatening your good name, freedom, and ambitions. At Ryan Beasley Law, our Greenville criminal defense lawyers provide aggressive counsel in the wake of violent charges. We firmly believe that everyone deserves due process, making the government work twice as hard to prove one’s guilt. To discuss your matter, our office can be reached online or by phone at (864) 756-4204.