Involuntary Manslaughter Lawyer in Chicago

Being accused of causing someone’s death even unintentionally is overwhelming. Involuntary manslaughter and reckless homicide charges in Illinois can mean years in prison, a felony record, and lifelong consequences for your job, family, and future. You do not have to face this alone.

At Kovacevic Law, we defend people throughout Chicago who are charged with serious felony offenses, including involuntary manslaughter and reckless homicide. We take the time to learn what really happened, scrutinize the State’s evidence, and build a strategy focused on protecting your freedom and your future. Contact us today for a free, confidential consultation.

What Is Involuntary Manslaughter in Illinois?

Involuntary manslaughter is the least serious homicide offense under Illinois law, but that does not mean the penalties are minor. The charge applies when a death is caused by reckless behavior, not by intentional or premeditated conduct.

Under 720 ILCS 5/9-3, you can be charged with involuntary manslaughter in Chicago if you:

• Unintentionally cause the death of another person,
  Without lawful justification,
• While performing acts that, whether lawful or unlawful, are likely to cause death or great bodily harm.

The key issue in an involuntary manslaughter case is whether your actions created an unjustifiable risk of serious injury or death and whether you acted recklessly in ignoring that risk.

What Is “Reckless” Conduct?

To secure a conviction for involuntary manslaughter, the prosecution must prove that you acted recklessly, not just carelessly or negligently.

You may be considered to have acted recklessly if:

• You were aware that your behavior could cause great bodily harm or death;
• You consciously disregarded that risk; and
• You engaged in the conduct anyway.

Courts often compare your behavior to what a reasonable person would have done in the same situation:

• Would a reasonable person have recognized the serious risk?
• Would a reasonable person have acted differently to avoid causing harm?

If the answer is yes, the State may argue your conduct was reckless. A skilled Chicago involuntary manslaughter attorney will challenge that narrative, question the State’s assumptions, and offer an alternative explanation of your actions and state of mind.

Reckless Homicide in Illinois

Reckless homicide is closely related to involuntary manslaughter. It generally refers to causing someone’s death through reckless operation of a motor vehicle or certain other devices.

You may face reckless homicide charges if a person is killed while you are operating, for example:

• A car or truck
• A motorcycle
• A boat or watercraft
• A snowmobile or off-road vehicle

Reckless homicide cases often arise from allegations of:

• Excessive speeding
• Driving under the influence (DUI)
• Street racing
• Distracted or highly unsafe driving

These cases are heavily fact-driven and often hinge on accident reconstruction, expert testimony, and how the prosecution characterizes your conduct.

Penalties for Involuntary Manslaughter & Reckless Homicide

Without aggravating factors, involuntary manslaughter and reckless homicide are typically charged as Class 3 felonies in Illinois.

A Class 3 felony conviction can include:

• 2–5 years in an Illinois state prison, and/or
• Fines up to $25,000
• Possible probation, depending on the circumstances

However, the charge can be elevated to a Class 2 felony with much harsher sentencing ranges in situations such as:

• Reckless homicide committed in a school crossing zone
• Reckless homicide committed in a construction or maintenance zone
• Involuntary manslaughter resulting in the death of a peace officer
• Involuntary manslaughter or reckless homicide resulting in the deaths of two or more people

A Class 2 felony for these offenses can carry:

• A minimum of 3 years in prison, up to 28 years, depending on the facts and enhancements
• Fines up to $25,000

Every case is unique. Your criminal history, the circumstances of the incident, and the presence of any aggravating or mitigating factors all influence potential sentencing.