Lexington Restraining Order Lawyer

Are you facing manslaughter charges in Lexington, Kentucky? Then it is in your best interest to start fighting back against the state’s accusations as quickly and vigorously as possible. You can begin by getting in touch with a skilled Lexington manslaughter lawyer from Oakley & Oakley, LLC.

Why You Should Hire Oakley & Oakley, LLC

When you’ve been charged with a crime like manslaughter, you need to take immediate steps to protect yourself. A great start involves hiring a Lexington criminal defense attorney to help you stand up and fight. At Oakley & Oakley, LLC, our attorneys are known for being fierce and powerful advocates for the people of Fayette County. When you hire our law firm to take the lead on your defense, we will:

  • Protect your constitutional rights
  • Conduct a thorough investigation into your arrest
  • Fight tirelessly to try to secure your release from police custody
  • Consult with relevant experts about the nuances of your case
  • Search for evidence that might get a judge to dismiss your case
  • Give you straightforward answers to any questions you may have
  • Offer you astute legal advice and guidance whenever you need it
  • Take care of the administrative side of your manslaughter case
  • Walk you through the inner-workings of the Kentucky justice system 
  • Devise an effective defense strategy for your manslaughter case
  • Negotiate a plea bargain deal with the state’s prosecutor
  • Represent your best interests in front of the judge and jury

Please give the defense team at Oakley & Oakley, LLC, a call today to arrange a free consultation at our law offices in Lexington. We know how to secure favorable outcomes in these types of cases, and we are ready to go to battle for you.

What is the Difference Between Murder and Manslaughter?

It is not at all unusual to hear the words “murder” and “manslaughter” used interchangeably. However, the two terms do not have the same meaning.

A person commits murder when they take the life of another human being with malice aforethought – the intent to cause death.

Manslaughter occurs when a person unlawfully kills another human being without malice aforethought. Most killings that happen in Kentucky fit into this category.

The legal team at Oakley & Oakley, LLC, has spent years defending clients against murder and manslaughter charges. So if a law enforcement officer in Lexington, KY, has arrested you for one of these offenses, give us a call as soon as you can. We may be able to help you get your case dismissed.

An Overview of Kentucky’s Manslaughter Laws

The state of Kentucky has a wide variety of laws on its books that make it illegal to cause the death of another person without intent to do so, like:

Manslaughter in the First Degree

Section 507.030 of the Kentucky Revised Statutes explains that it is illegal for an individual to cause the death of another person while behaving with the intent to cause serious physical injury to them or a third party.

This statute also explains that it is unlawful for an individual to kill another person – while acting under the influence of extreme disturbance.

This entry in the Kentucky Revised Statutes concludes by saying that it is also unlawful for an individual to cause the death of a person who has not yet reached their 13th birthday by intentionally abusing them.

Individuals who violate this Kentucky statute are guilty of manslaughter in the first degree. Courts generally punish this criminal offense as a Class B felony.

Manslaughter in the Second Degree

Section 507.040 of the Kentucky Revised Statutes explains that it is illegal for an individual to cause the death of another person wantonly by:

  • Operating a motor vehicle in an unsafe manner
  • Leaving a child who is younger than eight years of age in a car under circumstances that create a grave risk to their health
  • Unlawfully distributing Schedule I or Schedule II controlled substances

In the state of Kentucky, manslaughter in the second degree is a Class C felony.

Reckless Homicide

Section 507.050 of the Kentucky Revised Statutes explains that it is illegal for an individual to cause the death of another party by acting recklessly.

Kentuckians who violate this statute are guilty of reckless homicide.

This crime is a Class D felony in the Bluegrass State.

Are you currently facing one of these criminal charges in Lexington, KY? If so, please do not hesitate to get in touch with the knowledgeable defense lawyers at Oakley & Oakley, LLC. Our team has been assisting clients with legal issues of this nature for years, and we would love to do the same for you.

Consequences of Manslaughter Convictions in Kentucky

A manslaughter conviction can carry hefty fines and lengthy terms of imprisonment. Specific penalties will ultimately depend on aggravating and mitigating factors, as well as how the crime is classified under state law.

  • Class D Felonies: As long as five years in state prison and a fine of up to $10,000
  • Class C Felonies: As long as ten years in state prison and a fine of up to $10,000
  • Class B Felonies: As long as 20 years in state prison and a fine of up to $10,000

Of course, those who commit manslaughter in the state of Kentucky don’t just spend time behind bars and pay a sizable fine. Courts also hand them a permanent criminal record.

Individuals with criminal records regularly experience a range of collateral consequences to their action, such as:

  • Difficulty Finding Housing: Many landlords in the Lexington area have strict policies against renting homes to convicted felons.
  • Trouble Getting a Job: Small and large businesses in the state of Kentucky frequently reject job applications from people with long criminal records.
  • Professional Licensing Issues: Professional licensing boards in Kentucky regularly reject applications and renewals from felons.
  • Loss of Gun Ownership Rights: The state of Kentucky does not permit felons to buy, carry, or use guns.
  • Immigration Trouble: Convicted felons often have difficulty getting their Green Cards renewed. Some even face deportation upon their release from prison.
  • Trouble Obtaining Student Loans: The federal government does not typically issue student loans to convicted felons.
  • Loss of Privacy: Anyone who wants to learn more about the details of a convict’s crimes only needs to perform a cursory search online.
  • Harsher Future Punishments: Convicted criminals in the state of Kentucky usually receive much more severe sentences if they get into trouble with the authorities again in the future.

At Oakley & Oakley, LLC, we have been helping clients battle to avoid the negative consequences of felony convictions for many years. If you want us to do the same for you, all you have to do is give us a call. We have an in-depth understanding of the law, and we are ready to go to bat for you.

Defenses Against Kentucky Manslaughter Charges

The fact that a prosecutor charged someone with manslaughter does not mean that they will be able to convict them. Many arrestees can get their criminal charges dismissed with the aid of an effective defense strategy.

When our knowledgeable attorneys represent clients facing manslaughter charges, we usually recommend using one of the following strategies:

Innocence

Innocence is the best defense against any crime in the Kentucky Revised Statutes. When defense lawyers can prove that their client was in another location or with a different person at the time the offense happened, they can almost always persuade the judge to dismiss the case.

Lack of Evidence

State prosecutors must prove guilt beyond a reasonable doubt to get a conviction for manslaughter. To do so, they typically have to present relevant evidence to the court. When attorneys claim that the prosecution does not have sufficient evidence to meet their burden of proof, they can often get jurors to acquit their client.

Constitutional Rights Violations

When arresting Lexington residents for manslaughter, police officers must respect their constitutional rights. Unfortunately, they frequently fail to do so. When defense attorneys show judges and juries that law enforcement officers violated their client’s rights, they can generally persuade them to dismiss the case.

Do you want to have our experienced attorneys review your manslaughter case and help you select the right defense strategy? If so, please give us a call today to arrange a free consultation at our Lexington law office. We have handled a plethora of cases like yours over the years, and we would be happy to point you in the right direction.

Your Knowledgeable Lexington Manslaughter Lawyer

The legal team at Oakley & Oakley, LLC, has a thorough comprehension of Kentucky criminal law. So, if you need a Lexington manslaughter lawyer to help you battle back against the accusations of a state prosecutor, please do not hesitate to reach out to us. We are ready, willing, and able to assist you in any way we can.