Manslaughter in the Second Degree 53a-56
To be guilty of the crime of manslaughter in the second degree in the state of Connecticut the prosecution much prove that:
- A person acted recklessly in causing the death of another person; or
- They intentionally cause or aid another person to commit suicide, other than by force, duress, or deception.
If a person is convicted of this type of manslaughter, a person could be sentenced to prison for 1-10 years.
Things of Note:
- This type of charge can exist when a person has committed the crime of reckless driving that results in death of another. 125 Conn. App. 41.
- A conviction and sentence for both reckless driving and manslaughter in the second degree does not violate double jeopardy. 80 Conn. App. 703.
- During a trial for murder, a trial court is not required to instruct a jury about a lesser-included crime, such as manslaughter in the second degree, if there is no evidence presented related to that lesser included crime. 212 Conn. 593.
Manslaughter in the Second Degree With a Firearm 53a-56a
There is a separate and distinct type of manslaughter in the second degree in the state of Connecticut. The most important difference is that the person commits manslaughter in the second degree with a firearm involved. This results in a mandatory type of sentence with a higher possible sentence than manslaughter in the second degree without a firearm. The elements required to be proved by the state in this type of case are:
- When a person commits a manslaughter in the first degree under section 53a-55 and
- In the commission of the offense they use, are armed with, display, or represent possession of a pistol, revolver, shotgun, machine gun, rifle or other firearm.
The possible penalties for manslaughter in the second degree with a fire arm are a minimum of one year in prison (that cannot be suspended) and a maximum of 10 years in prison.
Things of Note:
- You cannot be found guilty of manslaughter in the second degree with a firearm and manslaughter in the second degree upon the same transaction. 53a-56a.
- However, a state attorney can charge you with both offenses upon the same information. 53a-56a.
Manslaughter in the Second Degree With a Motor Vehicle 53a-56
A person is guilty of this crime in the state of Connecticut when a person:
- Operates a motor vehicle.
- Under the influence of intoxicating liquor or any drug or both.
- They cause the death of another person as a consequence of the effect of such liquor or drug.
- One year to 10 years in prison.
- Loss of resident or nonresident operating privilege for one year.
- Require the installation of an ignition interlock device for a period of two years after a person’s operating privilege is returned.
Things of Note:
- The word intoxication in this statute is not unconstitutionally vague. 11 Conn. App. 122.
- You can be convicted of both first degree manslaughter and manslaughter in the second degree with a motor vehicle. 263 Conn. 390.
- It appears you can be convicted of both manslaughter in the second degree with a motor vehicle and driving under the influence, because manslaughter in the second degree with a motor vehicle requires proof that someone was killed. 80 Conn. App. 703.
- The state does not have to prove your blood alcohol content at the time of the accident to convict you of manslaughter in the second degree with a motor vehicle. 23 Conn. App. 720.
This is a serious charge. If you or a loved on are facing this charge, whether that be on its own, with a firearm, or with the use of a motor vehicle, it is in your best interested to contact a lawyer for more information and further assistance.