Arrested or Charged with Involuntary Manslaughter (RSMo § 565.024) in Missouri?

Missouri recognizes two degrees of Involuntary Manslaughter. Both involve an unintentional death, and both are felonies.

In real cases, charges often follow a car crash, a firearm discharge, or a physical confrontation that ends in tragedy. The legal question is whether the person’s actions were reckless or criminally negligent under Missouri law.

First Degree Involuntary Manslaughter – RSMo § 565.024

A person commits Involuntary Manslaughter in the First Degree when they recklessly cause the death of another person. Involuntary Manslaughter is a Class C felony, unless the victim was a law enforcement officer or a close relative of one, in which case it becomes a Class B felony.

Under Section 556.061 of the Revised Statutes of Missouri, “recklessly” means “consciously disregarding a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation” Put another way, the person was aware of a substantial risk and ignored it.

Examples charged under this statute often include:

• Fatal crashes involving speeding or street racing
• Accidental shootings where the person knew the weapon was loaded
• Physical fights where the person knew serious injury could occur

Second Degree Involuntary Manslaughter – RSMo § 565.027

A person commits Involuntary Manslaughter in the Second Degree when they cause the death of another person through criminal negligence. Involuntary Manslaughter is a Class E felony by default, but like Voluntary Manslaughter, it can be upgraded to Class D if the victim was intentionally targeted as a law enforcement officer or a close relative of a law enforcement officer.

“Criminal negligence” is also a defined term under RSMo. § 556.061 that means “failure to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.” In other words, the person failed to see a risk they should have recognized.

This charge is typically filed when the conduct was careless, but prosecutors believe it crossed the line into criminal.

Examples include:

• Leaving a loaded weapon within reach of a child
• Failing to secure an animal that later attacks
• Causing a death by improperly operating equipment

How Prosecutors Decide Which Charge Applies

The difference between First and Second Degree is mostly about mental state:

• First Degree requires proof of recklessness
• Second Degree is based on negligence

Prosecutors often file both charges and let the court or jury decide which one applies. In either case, the State must prove that the person’s conduct directly caused the death and that it meets the legal threshold for criminal liability.

What to Expect After Charges Are Filed

Most Involuntary Manslaughter charges are filed by complaint and warrant. Once charges are filed:

• The person is taken into custody or summoned to court
• Bond is set (depending on the facts and the person’s record)
• The case proceeds in a felony courtroom

Early discovery usually includes:

• Police reports and statements
• Crash reconstruction, if applicable
• Medical examiner findings
• Any bodycam or dashcam footage
• Forensic testing reports

Depending on the county, prosecutors may also request a grand jury indictment in fatality cases, particularly where law enforcement is involved.

Can These Charges Be Reduced or Dismissed?

Dismissal is rare, but not impossible. It depends on:

• The strength of the evidence
• Whether the medical findings match the prosecution’s theory
• Whether witness statements are consistent
• Whether the person made statements to law enforcement, and what they said
• The presence of other charges (e.g., weapons or drug-related)

These cases tend to be more likely to go to trial, perhaps because of uncertainty about the defendant’s mental state at the time of the alleged offense. In many cases, the defense focuses on showing that the conduct, while tragic, doesn’t meet Missouri’s legal standard for recklessness or criminal negligence.

Why People Hire Rose Legal Services in These Cases

At Rose Legal Services, we represent individuals who have been charged, arrested, or investigated for serious felony offenses, including cases involving death, injury, or weapons.

We dedicate our practice exclusively to criminal defense throughout Missouri and Metro East Illinois.

What our clients receive:

• A legal team with attorneys, Client Care Specialists, File Managers, and an investigator
• Written status reports every month
• Clear communication, including Open Office Hours each week
• A criminal defense practice that isn’t distracted by other types of law

If someone has been charged or arrested for Involuntary Manslaughter in Missouri, we offer free consultations for individuals who are unrepresented or currently using a public defender.

Every case is different. But we’ve seen many versions of this charge before — and we’re ready to have that first conversation.

Your defense starts with a conversation.