Manslaughter Laws

Manslaughter is defined as killing a person without premeditation or malice aforethought. Malice aforethought means having an evil intent prior to the killing. Like murder, there are different degrees of seriousness of manslaughter: voluntary and involuntary.
Voluntary manslaughter is defined as a killing upon a sudden quarrel or in the heat of passion.
Voluntary manslaughter means that while the person had an intention to kill, the killing was provoked, such as during an argument. This is referred to as being in the "heat of passion." Voluntary manslaughter may also be committed during the commission of a felony.
Examples of voluntary manslaughter include:
a) Getting into a fight at a bar and hitting someone over the head with a beer bottle, which causes death.
b) Where a burglar breaks into a warehouse and encounters a security guard, who he knocks down a flight of stairs, resulting in the death of the guard.
In order to emphasize the difference between murder and manslaughter, if either of the above perpetrators used a gun, then they would have been charged with murder. This is because bringing a deadly weapon is a premeditated act, unlike a spur of the moment act.
Voluntary manslaughter is punishable by imprisonment in the state prison for three to 11 years.

Involuntary manslaughter is defined as killing in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without caution. This does not apply to acts committed while driving a vehicle.

An example of involuntary manslaughter involves the immediate rage in finding a loved one in bed with another. The killing must occur during the heat of this "rage" before the rage has "cooled." If there is evidence of premeditation or if the killing happened after a length of time in which an average person would have had time to cool off, the killing will be charged as murder. Involuntary manslaughter is punishable by imprisonment in the state prison for two to four years.

If you or a loved one was charged with voluntary or involuntary manslaughter, please contact a skilled defense attorney.