Causing death through negligence or an intentional act is a serious crime that can lead to many years behind bars. However, to face a jail sentence, the prosecutor must provide enough proof that you committed the crime. Therefore, if facing accusations of causing death, you must do everything possible to defend yourself. For instance, you'll need to engage a wrongful death attorney who will help you gather evidence to prove your innocence. This article explores some of the defenses your lawyer will use to secure your freedom.
The Decedent Was Engaging in an Unlawful Act
Wrongful death laws do not condone unlawful acts. For that reason, you could escape a harsh sentence if you killed the person as they participated in an unlawful act. Perhaps you hit a robber who was hurting another person. In this case, your lawyer will argue that you were trying to stop the deceased from committing a crime, but you accidentally killed them. In that regard, they will find eyewitnesses to testify in court. Your lawyer will request the judge to offer you a lenient judgment or set you free in such a situation.
You Were Defending Yourself
The law gives you the right to defend yourself against an attack. Therefore, you might get an acquittal if you accidentally hit and killed someone after realizing that your life was in danger. However, you must prove beyond doubt that the individual intended to hurt you. Again, you'll need the assistance of a wrongful death lawyer to help you build a strong defense. They will prove that your actions were purely defensive. Perhaps you tried to escape, but the decedent continued attacking you. Therefore, you had no other option but to hit them to defend yourself.
The Decedent Knew and Understood the Dangers Involved
This defense is particularly applicable if death occurs during treatment. In this case, your lawyer will convince the court that you had discussed the medical procedure with the deceased before treatment. That means you had informed them of the risks involved and the possible side effects. Yet, they gave you the go head to continue with the procedure.
Get professional legal representation immediately after the arrest of wrongful death. A lawyer has handled personal injury cases in the past and is hence well-positioned to fight the allegations and clear your name. They will use the defenses above and anything else to prove that your action was not intentional.
Reach out to a wrongful death lawyer for more information.
Share8 June 2022
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