Involuntary manslaughter is a criminal offense defined as the unintentional killing (homicide) of another person as a result of criminal negligence, recklessness, or during the commission of a misdemeanor (driving while intoxicated), infraction (speeding), or a felony crime that was not inherently dangerous. Involuntary manslaughter is usually a felony offense and often includes significant jail or prison time as potential punishment.
Involuntary manslaughter laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In New Mexico, involuntary manslaughter is addressed under the New Mexico Statutes Annotated (NMSA) 1978, Section 30-2-3. It is defined as the unlawful killing of a human being without malice. This can occur in the commission of a lawful act which might produce death, without due caution or circumspection, or in the commission of an unlawful act not amounting to a felony. Involuntary manslaughter in New Mexico is classified as a fourth-degree felony. The penalties for a fourth-degree felony in New Mexico can include up to 18 months in prison and fines up to $5,000. The specific circumstances of the case, such as criminal negligence or recklessness, will influence the severity of the punishment. It is important for individuals facing such charges to consult with an attorney who is knowledgeable in New Mexico's criminal law to understand the potential legal consequences and defenses available.