Murder, Manslaughter, Felony DUI, Attempted Murder, Assault and Battery

Question 1

Murder

Answer 1

Class: Felony
General Sessions Court

Penalty: Death, imprisonment for life or mandatory minimum of 30 years

Elements:
1. Unlawful killing of another
2. with malice aforethrought, either express or implied
Malice means the defendant acted with hatred, ill will or evil intent

Question 2

Voluntary Manslaughter

Answer 2

Class: A Felony
General Sessions Court

Penalty: Not more than 30 years or less than 2 years

Elements:

1. Unlawful killing of another
2. without malice aforethrought, (in order to be without malice the killing must be done in the heat of passion and upon adequate provocation)

Question 3

Involuntary Manslaughter

Answer 3

Class: Class F Felony
General Sessions Court

Penalty: Not more than 5 years

Elements:

1. Unlawful killing of another
2. Resulting from criminal negligence (defined as reckless disregard for safety of others, unintentional without malice)

Question 4

Reckless Vehicular Homicide

Answer 4

Class: Class E Felony
General Sessions Court

Penalty: Fined not less than $1000 or more than $5000 or imprisoned not more than 10 years or both. The department shall revoke for 5 years the driver’s license a person convicted of vehicular homicide

Elements:
1. Unlawful killing of another
2. Operation (by defendant) of a vehicle in reckless disregard of the safety of others.
Death must occur within 3 years

Reckless homicide by boat different.

Question 5

Felony DUI

Answer 5

Class: Class D or B Felony
General Sessions Court

Penalty: When great bodily injury results (injury which creates substantial risk of death or which causes permanent disfigurement, or protracted loss or impairment of the function of any bodily member or organ
then $5,100 to $10,100 and mandatory imprisonment from 30 days to 15 years (Class D Felony)

When Death results then fine $10100 to $25100 and mandatory imprisonment from one year to 25 years (Class B)

Elements:

1. Was driving vehicle while under influence of alcohol and or drugs
2. does an act forbidden by law or neglects a duty imposed by law AND
3. the act or neglect proximately causes great bodily injury or death of another person

Question 6

Attempted Murder

Answer 6

Class: A Felony
General Sessions Court

Penalty: 30 years, sentence may not be be suspended or probation granted
Elements:
1. Person who with intent to kill attempts to kill another person with malice aforethought, either expressed or implied, commits the offense of attempted murder.

Question 7

Assault and Battery of High and Aggravated Nature Degree 1,2,3

Answer 7

Class: Class E Felony and misdemeanor
General Sessions and Summary

Penalty: 
First Degree (Felony) up to 10 years imprisonment
Second Degree (Misdemeanor) up to up $2000 and up to 3 years in prison or both
Third Degree (Misdemeanor) up to $500 and up to 30 days in jail or both

Elements:
1st degree
1. Great Bodily injury to another OR
2. the act is accomplished by means likely to produce death or great bodily injury

or

1. injures another and the act involves nonconsensual touch of the private parts of another person with lewd or lascivious intent above or below the clothing
2. occurred during the commission of a robbery, burglary , kidnapping or theft

2nd degree
1. unlawful injures another person or OFFERS or ATTEMPTS to injure another person with the present ability to do so and

causes moderate bodily damage or COULD HAVE caused moderate bodily injury OR
the act involves nonconsensual touch above or beneath clothing

3rd degree

1. unlawful injures another person or OFFERS or ATTEMPTS to injure another person with the present ability to do so and

Definitions; Great Bodily injury substantial risk of death or serious, permanent disfigurement or protracted loss or impairment of the function of a bodily member or organ
Moderate Bodily injury is physical injury that involved prolonged loss of consciousness, or that causes temporary or moderate disfigurement or tempory loss of the function of a bodily member or injury that requires medical treatment that requires regional or general anesthesia or results in fracture or dislocation. It does not include one time treatment and subsequent observation of scratches,cuts, abrasions, bruises, burns, splinters, or an other minor injury that do not require extensive medical care.