The most serious crimes all require mandatory prison time. That is, there is no possibility of probation or alternative sentences for these crimes, and you have to spend time in prison for more than a year on these most serious charges. While manslaughter is a very serious crime, it can often come with alternative sentences that might reduce prison time or act as a substitute.
Usually, a manslaughter conviction will result in 1-15 years in prison, given that it is a second degree felony. However, sentences for different charges are lower, and final sentencing is up to the judge. Judges are sometimes permitted to deviate down from the required sentence. Probation and parole might also be an option for some cases, allowing you to check in with a probation/parole officer and follow additional restrictions, but otherwise have your physical freedom from jail. If your crime was committed because of a mental health condition, you might also seek treatment at an secure inpatient facility instead of prison.
Call our Salt Lake City manslaughter defense attorneys at Overson Law for help with your case today by dialing (801) 758-2287.
Is Prison Required for Manslaughter in Utah?
Utah’s manslaughter statute covers the crime of killing another person without the requisite intent for the crime to constitute murder. Charges under Utah Code § 76-5-205 for manslaughter are typically classified as a second degree felony, which is technically the third highest level of crime in Utah, behind first degree felonies and capital felonies.
When you are sentenced for a second degree crime, the judge must follow the law. This means that the judge has to sentence you to an “indeterminate sentence” under § 76-3-203, which must be “not less than one year” and no longer than 15 years for a second degree felony. Under this law, a judge simply does not have the authority to sentence you to under a year in prison, and any manslaughter conviction will likely have at least one year in prison.
However, not every “manslaughter” case comes under § 76-5-205. Depending on what your exact definition of “manslaughter” is, charges that fall under § 76-5-206’s “negligent homicide” or § 76-5-207’s “automobile homicide” might be what we traditionally call “involuntary manslaughter” or “vehicular manslaughter.” Both of these crimes are lower level offenses and, depending on the facts of the case, can result in a sentence with no jail or prison time. However, you usually will have to spend at least some time on probation and may need to spend some time in jail instead of prison.
When sentencing you, judges also have to refer to sentencing guidelines, which are written to give them a guide within the wide range of years for your final sentence. Our Utah manslaughter lawyers may be able to convince a judge to “deviate down” within this guideline, and they may have options to “suspend” your sentence. This would thus fulfill the requirement that you are technically sentenced to at least 1 year in prison, but when you get a suspended sentence, you instead serve probation and you only go to prison to serve out the sentence if you violate your probation or commit another crime while on probation.
Is Jail Different than Prison?
Technically speaking, jail and prison are different, and so you might sometimes be sent to jail for some manslaughter, negligent homicide, or vehicular homicide charges.
Jail is what we call the place where you are held before your trial, either after your initial arrest or when you are not released on bail. This means that many people in jail are innocent because they have not had their trial yet, given that everyone is innocent until proven guilty. Jail is also where people go to serve sentences under 1 year, meaning that most people who are guilty and in jail will have been convicted of misdemeanors (which have a max sentence of 364 days) or third degree felonies (which have no minimum prison term).
Prison, instead, is where people go when they are convicted of a crime and sentenced to over 1 year in prison. Everyone in prison has been found guilty or pled guilty, and a prison sentence is definitely the one most defendants want to avoid.
Parole and Probation for Manslaughter in Utah
As mentioned, manslaughter charges usually require at least 1 year in prison. However, there is a list of offenses under § 76-3-406 that are not eligible for suspended sentences or probation, and manslaughter is not on that list. This means that probation might be an option – and parole is often an option after at least part of a prison term has been served.
With probation, you are either sentenced to probation initially or you are sentenced to a term of incarceration that is “suspended” unless and until you violate the terms of probation. In either case, the effect is the same: you remain free from incarceration, you follow special rules for your conduct while on probation, and you check in with a probation officer. If you make mistakes, you are arrested for a violation of probation, and you may be resentenced or else have the suspended sentence activated, sending you to prison to serve out the rest of that original sentence.
With parole, you go to prison first for a certain term, then you are released early. For example, you may be sentenced to “1-2 years,” which would mean that you are eligible for parole after serving that first year. Parole is much like probation, only it takes place after part of a sentence has been served. If you violate parole, you are arrested and potentially made to serve out the rest of the original sentence.
Pleading Insanity and Alternate Sentencing for Manslaughter in Utah
If you were not in your right mind when you committed the manslaughter charge, you might be eligible to “plead insanity” and instead serve time in a secure mental health facility. Often, this is far from a “get out of jail free” card and may require you to spend significantly more time in that mental health facility than you would have spent in prison. As such, it is incredibly important to consider an insanity plea as a last resort and discuss the potential time you could serve with your lawyer.
Call Our Utah Manslaughter Lawyers Today
Call Overson Law’s South Jordan, UT manslaughter defense attorneys at (801) 758-2287 for a free review of your case.
