Involuntary Manslaughter Penalties and Sentencing

The law views involuntary manslaughter as the unintentional killing of a human being. Every crime requires a culpable mental state, so it may be more accurate to state that involuntary manslaughter reflects a lower level of culpability. Culpability refers to the degree of responsibility of assigned to a person for committing a crime, often based on their mental state

As a result, federal and state laws in this area refer to causing the death of another person through criminal negligence or recklessness. In contrast:

• Voluntary manslaughter occurs when someone acts with the intent to cause death, but their conduct arises after provocation during the “heat of passion.”
• First-degree murder involves the intentional killing of another person. It often occurs with premeditation.
• In second-degree murder, there is no malice aforethought, but the killing is intentional.
• A felony murder happens when a dangerous felony later results in death. 

The punishment for involuntary manslaughter is lower than for other forms of criminal homicide. In these cases, the offender may cause another person’s death through reckless behavior. They may commit a minor offense without intent to kill. In sentencing, this distinction reflects a sense of fairness. The law aims to make the punishment fit the crime.

This article explains legal penalties and sentencing guidelines for an involuntary manslaughter conviction. If you are facing this type of charge, it’s critical that you consult a criminal defense attorney in your state for targeted legal advice.

Involuntary Manslaughter Penalties: Federal Law

Under federal law, involuntary manslaughter means an unlawful killing without malice. An offender might cause a death in the commission of an unlawful act that is not a felony. In other words, this could be a misdemeanor crime or violation. They might also cause death while engaged in a lawful but dangerous act without due caution or in an unlawful manner. 

Determinations of guilt or innocence may turn on causation and whether the offender’s conduct was what a reasonable person would do under the same circumstances.

How Many Years Is the Sentence for Involuntary Manslaughter?

Federal law provides that someone convicted of involuntary manslaughter may face up to eight years in federal prison. Yet, the base sentence for the crime under federal sentencing guidelines is a prison sentence of 10-16 months. It may increase to 27-33 months if the underlying behavior was reckless conduct. If the offender engaged in the reckless operation of a motor vehicle, the base sentence falls at 41-51 months. 

An offender’s criminal record may also affect the sentence. In the end, judges have a certain amount of discretion. They can depart from the guidelines.

Involuntary Manslaughter Penalties: State Law

Although involuntary manslaughter sentences differ among states, the crime is usually a felony. This means that it is punishable by at least 12 months in prison, along with fines and costs. Courts may also suspend prison or jail time and grant probation in appropriate cases.

States often draft their own sentencing guidelines, taking cues from federal law. But, they vary on this issue. 

States generally offer a range of possible sentences for involuntary manslaughter charges. Judges have broad discretion in determining what sentence to actually impose.

Judges also consider any aggravating and mitigating factors to decide the appropriate sentence. Aggravating factors are those that increase the severity of the crime. They include things such as the defendant’s history of reckless behavior or the use of a deadly weapon. Mitigating factors tend to decrease the sentence. They can involve the defendant’s acceptance of responsibility for the crime or a lack of criminal history.

California Illustrates How State Penalties Work

California law provides a good example. Like federal law, California views involuntary manslaughter as an unlawful killing without malice. Its definition of the crime mirrors the federal statute.

In California, a standard conviction for charges of involuntary manslaughter may have a prison sentence of two, four, or six years.

California also has penalties for the crime of vehicular manslaughter. They can apply when the offender causes death by the operation of a motor vehicle. 

California Penal Code Section 192 states vehicular manslaughter applies when the offender:

• Drives a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or drives a vehicle in a commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence. (Section 192 (c)1)
• Drives a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or drives a vehicle in a commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence. (Section 192 (c) 2)
• Drives a vehicle in connection with a vehicular collision or accident that was knowingly caused for financial gain (or for fraudulent purposes). (Section 192(c)3)

The sentence can vary based on which subsection applies. In gross negligence cases, the sentence may be up to one year in county jail or two, four, or six years in state prison. In cases where there was no gross negligence, the sentence may be up to one year in county jail. In cases where the accident stems from fraud, the sentence may be four, six, or 10 years.

If the offender’s vehicular manslaughter coincides with a DUI, then the penalties may increase (Section 191.5). When gross negligence and the DUI are present, the sentence will be four, six, or 10 years. If the offender has a prior conviction, the sentence will be 15 years to life. 

If the vehicular manslaughter coincides with a DUI but there is no gross negligence, the offender may face up to one year in county jail or 16 months, two years, or four years in state prison. A judge or jury can determine gross negligence based on the totality of circumstances. For example, they may consider illegal speeding displays and stunt shows.

Examples of Involuntary Manslaughter Penalties and Sentencing

Fact patterns in cases of involuntary manslaughter are unique. They can involve the use of excessive force in a confrontation or a deadly error where the offender did not intend to cause death. 

Legal defenses include those common in other homicide offenses, such as self-defense or accident. The following case examples highlight two well-known convictions for involuntary manslaughter and the penalties that followed.

Involuntary Manslaughter Involving a Police Officer

In the early hours of New Year’s Day in 2009, California law enforcement officer Johannes Mehserle shot and killed Oscar Grant III, an unarmed man on the San Francisco transit system. 

Officers had removed Grant from the train. They placed him on the ground at the Fruitvale Station in Oakland while investigating a fight. Mehserle claimed he thought Grant was reaching for something in his waistband. Mehserle then pulled his pistol and shot Grant in the back. Mehserle claimed the shooting was a mistake as he intended to pull his taser.

The victim’s death received intense media scrutiny as he was an unarmed young black man and Mehserle was a white police officer. The courts granted a change in trial venue due to the publicity. In 2010, a Los Angeles jury heard the case and convicted Mehserle of involuntary manslaughter, acquitting him of second-degree murder. The judge sentenced Mehserle to two years in prison.

Many see Grant’s death as a key event leading to the Black Lives Matter movement against police brutality.

Involuntary Manslaughter Involving a Doctor

On June 25, 2009, fans worldwide learned the news about the death of Michael Jackson due to cardiac arrest from an overdose of sedative drugs. The popular singer and performer was preparing for a comeback tour to celebrate turning 50 the previous year. 

In preparing for the tour, Jackson suffered severe insomnia. He sought help from Conrad Murray, a cardiologist who had once treated Jackson’s daughter. Jackson hired Murray as his personal physician. Murray began providing Jackson with the anesthetic drug propofol through an IV drip each night.

The coroner ruled Jackson’s death a homicide, citing an overdose of propofol, a drug normally used to sedate people in a hospital setting.

Police charged Murray with involuntary manslaughter after a lengthy investigation. In 2011, a jury convicted Murray, citing his reckless conduct in using propofol without monitoring equipment. Although propofol could be properly prescribed for a patient, the jury concluded Murray went beyond what was reasonable behavior with such a dangerous drug. The judge sentenced Murray to four years in prison, at that time the maximum sentence available.

Questions About Involuntary Manslaughter Penalties and Sentences? Ask an Attorney

While not as serious as murder charges, the penalties for involuntary manslaughter can still be harsh. The State alleges that a human life ended due to the offender’s criminal negligence or reckless behavior.

Understanding the laws that constitute an involuntary manslaughter charge is important. Meeting with an experienced attorney can help develop the best defense strategy. Consider talking to a local criminal defense attorney as soon as possible.