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Involuntary Manslaughter

I've been charged with Involuntary Manslaughter. What does the prosecutor have to show to prove my guilt?

1. You committed a crime that posed a high risk of death or great bodily injury because of the way you committed the act, or you committed a lawful act, but acted with criminal negligence;

AND

2. You unlawfully caused the death of another person.

The Michael Jackson death case presents interesting issues. The defense has a a good argument that Dr. Conrad Murray did not a criminal act by mere act of prescribing propofol. However, the prosecutor can argue that even if it was a lawful act, Murray acted with criminal negligence by prescribing and/or administering the drug to Jackson as a sleeping drug, when propofol is actually a surgical anesthetic.  The defense can argue it does not rise to the level of "criminal" negligence.  The defense may also be arguing that if Jackson administered the drug to himself, that Dr. Murray technically did not cause Jackson's death. If the defense can beat this element in trial, they can achieve acquittal.


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Law Offices of McGregor & Ernenwein
Crenshaw Professional Building
1405 Crenshaw Boulevard
Torrance, CA 90501
Phone: 310-782-0552
Get Directions