{"id":376967,"date":"2016-03-31T21:37:12","date_gmt":"2016-04-01T02:37:12","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/state\/virginia-law\/virginia-involuntary-manslaughter-law.html"},"modified":"2025-07-14T14:03:56","modified_gmt":"2025-07-14T19:03:56","slug":"virginia-involuntary-manslaughter-law","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/virginia-law\/virginia-involuntary-manslaughter-law.html","title":{"rendered":"Virginia Involuntary Manslaughter Law"},"content":{"rendered":"\n
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Virginia Involuntary Manslaughter Law<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Catherine Hodder, Esq.<\/a>\n | Last updated\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

There is a myth that all unlawful killings are murder. Every state, including Virginia, has different types of homicides. Most states differentiate between first-degree and second-degree murder<\/a>. In the same vein, almost all jurisdictions distinguish between voluntary and involuntary manslaughter.<\/p>\r\n

The primary difference between murder and manslaughter is that with murder, the defendant planned to and intended to kill the victim. With manslaughter, the offender did not plan the crime and often killed the victim under the heat of passion<\/a>, provocation, or due to criminal negligence.<\/p>\r\n

This article examines Virginia\u2019s involuntary manslaughter laws, including the legal definition of the crime and its penalties. For additional information, we’ve included links to relevant FindLaw articles at the bottom of this page.<\/p>\r\n

Difference Between Voluntary and Involuntary Manslaughter in Virginia<\/b><\/h2>\r\n

Manslaughter is the unlawful killing of another human being without premeditation and malice aforethought. In Virginia, there are two types of manslaughter: voluntary and involuntary. Voluntary manslaughter often involves a crime of passion killing or taking a human life in response to adequate provocation. Involuntary manslaughter results from negligence or recklessness.<\/p>\r\n

The Commonwealth of Virginia defines involuntary manslaughter<\/a> as the accidental killing of another human being without premeditation. This crime occurs when someone unintentionally causes the death of another person, such as during a DUI accident.<\/p>\r\n

Under Virginia law, there is a separate crime of aggravated involuntary manslaughter. According to Virginia Code, a person is guilty of aggravated manslaughter<\/a> when they commit an unintentional killing with total disregard for human life.<\/p>\r\n

This crime carries a mandatory minimum sentence<\/a> of one year in prison with the possibility of up to 20 years. The defendant will also have to pay a potential fine of $2,500.<\/p>\r\n

Involuntary Manslaughter and DUI<\/b><\/h2>\r\n

In Virginia, if a person causes a car accident while driving under the influence<\/a>, they may face involuntary manslaughter charges. A person who has a few beers on their way home from work, swerves into oncoming traffic, and kills the driver of the other vehicle may be guilty of involuntary manslaughter.<\/p>\r\n

Committing the unlawful act of DUI at the time of the crash could be grounds for an involuntary manslaughter charge. The driver can also face a civil claim<\/a> for wrongful death on behalf of the victim\u2019s family.<\/p>\r\n

Involuntary Manslaughter Statutes in Virginia<\/b><\/h2>\r\n

The following table highlights the main provisions of Virginia’s involuntary manslaughter laws. If you’re facing any sort of manslaughter charges, it’s an excellent idea to speak with a criminal defense attorney<\/a> sooner rather than later.<\/p>\r\n\r\n

Virginia Manslaughter Code Sections<\/b><\/p>\r\n<\/th>\r\n

Code of Virginia \u00a718.2-36.1<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Other Terms Used for Manslaughter in Virginia<\/b><\/p>\r\n<\/th>\r\n

Definition of Manslaughter Under Virginia Law<\/b><\/p>\r\n<\/th>\r\n

Unintentionally causing the death of another person without premeditation or intent, usually as the result of a DUI motor vehicle accident.<\/p>\r\n<\/td>\r\n<\/tr>

Penalties for Manslaughter in Virginia<\/b><\/p>\r\n<\/th>\r\n

Class 5 felony: Imprisonment of one to 10 years; a fine of up to $2,500; revocation<\/a> of the defendant\u2019s driver\u2019s license; and completion of an alcohol safety action program.<\/p>\r\n

In cases of aggravated involuntary manslaughter, the penalty increases to 20 years in prison.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

Disclaimer<\/b>: State laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, it\u2019s best to consult a skilled <\/i>criminal defense attorney<\/i><\/a> to confirm your state laws.<\/i><\/p>\r\n

Facing Manslaughter Charges in Virginia? Talk to an Attorney<\/b><\/h2>\r\n

All crimes against the person are serious and carry severe penalties. If you\u2019re facing criminal charges in Virginia, be they felony or misdemeanor, it\u2019s best to consult an experienced criminal defense attorney<\/a>. A criminal defense lawyer will craft a strong defense strategy and work hard to gain an acquittal.<\/p>\r\n

Virginia Involuntary Manslaughter Laws: Related Resources<\/b><\/h2>\r\n

For more introductory material on this topic, you can visit the following FindLaw sections:<\/p>\r\n