{"id":371715,"date":"2016-04-11T01:21:00","date_gmt":"2016-04-11T06:21:00","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/arkansas-law\/arkansas-voluntary-manslaughter-law.html"},"modified":"2025-07-22T14:54:04","modified_gmt":"2025-07-22T19:54:04","slug":"arkansas-voluntary-manslaughter-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/arkansas-law\/arkansas-voluntary-manslaughter-law.html","title":{"rendered":"Arkansas Voluntary Manslaughter Law"},"content":{"rendered":"\n
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Arkansas Voluntary Manslaughter Law<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last reviewed\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n

The Arkansas criminal code recognizes six types of criminal homicide: capital murder, first-degree murder, murder in the second degree, manslaughter, negligent homicide, and physician-assisted suicide. All of these crimes are felonies and carry stiff penalties.<\/blockquote>\r\n

The punishment for first-degree murder<\/a> is anywhere from ten years in prison to life imprisonment without the possibility of parole. The maximum sentence for felony negligent homicide, on the other hand, is only six years in state prison. If the charge is for misdemeanor negligent homicide, the maximum penalty is one year in jail.<\/p>\r\n

This article explains Arkansas\u2019s voluntary manslaughter laws, including the potential penalties and defenses. If you\u2019re facing homicide charges<\/a> in Arkansas, contact a local criminal defense attorney<\/a>. We’ve also included links to related FindLaw articles below.<\/p>\r\n

Differences Between Murder and Manslaughter<\/b><\/h2>\r\n

The criminal laws in Arkansas recognize three types of murder. The most serious type is capital murder, which carries a possible penalty of death. The other two types of murder are first-degree and second-degree murder. The sentences for these crimes<\/a> range anywhere from six years imprisonment for second-degree murder to life in prison without the possibility of parole for murder in the first degree.<\/p>\r\n

Given that the penalties for murder are so much greater than they are for manslaughter, it\u2019s essential to understand the difference between the two crimes. For the state to secure a murder conviction, it must demonstrate that the defendant intentionally killed another person with premeditation and malice aforethought.<\/p>\r\n

In a manslaughter case, the prosecutor doesn\u2019t need to prove malice. Manslaughter, a Class B felony, only requires that the state prove the defendant killed another human being, either intentionally or unintentionally.<\/p>\r\n

Most voluntary manslaughter cases involve a defendant who killed someone in a crime of passion or as a result of adequate provocation.<\/p>\r\n

Arkansas Law and Manslaughter<\/b><\/h2>\r\n

There are two types of manslaughter in Arkansas: voluntary and involuntary. Both crimes qualify as Class B felonies under the Arkansas criminal code<\/a>, carrying a mandatory prison sentence.<\/p>\r\n

Voluntary manslaughter occurs when someone intentionally kills another person without malice, due to either heat of passion<\/a> or provocation. Involuntary manslaughter involves a defendant who commits an unintentional killing due to their reckless behavior.<\/p>\r\n

A prime example of voluntary manslaughter<\/a> is a person who comes home to find their spouse in bed with another person and shoots them both. While the defendant in this case intended to pull the trigger and shoot their spouse and their lover, they did not have time to plan the crime. Neither did they have time to manufacture the malice necessary for a murder charge.<\/p>\r\n

In the above example, the state would likely file manslaughter charges against the defendant because they acted in response to an extreme emotional disturbance. When determining guilt, the judge (or jury) must question whether it\u2019s reasonable that a person<\/a> in the defendant\u2019s shoes would have reacted in the same way.<\/p>\r\n

Other Types of Manslaughter in the State of Arkansas<\/b><\/h2>\r\n

Arkansas law is unique in that it recognizes several definitions of the crime of manslaughter. Manslaughter may involve an intentional killing<\/a> in response to heat of passion or provocation. However, there are several other types of manslaughter as well.<\/p>\r\n

The other forms of manslaughter under Arkansas law include:<\/p>\r\n