{"id":377228,"date":"2016-04-11T01:24:14","date_gmt":"2016-04-11T06:24:14","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/state\/west-virginia-law\/west-virginia-manslaughter-laws.html"},"modified":"2025-05-14T21:38:53","modified_gmt":"2025-05-15T02:38:53","slug":"west-virginia-manslaughter-laws","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/state\/west-virginia-law\/west-virginia-manslaughter-laws.html","title":{"rendered":"West Virginia Manslaughter Laws"},"content":{"rendered":"\n
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West Virginia Manslaughter Laws<\/h1>\n
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\n By Christie Nicholson, J.D.<\/a> | Legally reviewed by Laura Temme, 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

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Key Takeaways<\/h2>\n

West Virginia manslaughter laws distinguish between voluntary and involuntary manslaughter. Both are felonies that lack the element of malice found in murder charges. Voluntary manslaughter occurs in situations of intense emotional disturbance and without prior intent to kill, often referred to as a "heat of passion" crime. Involuntary manslaughter involves unintentional killing resulting from reckless behavior or criminal negligence. Penalties for manslaughter in West Virginia can include up to 15 years in prison.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n

Whenever someone kills another human being, they face the possibility of homicide<\/a> charges. The question is whether the state will charge them with murder or manslaughter. A conviction of either crime involves almost definite jail time and hefty fines.<\/p>\r\n

Every state defines the crime of manslaughter<\/a> in its own way. Depending on your jurisdiction, a manslaughter conviction may result in a lengthy prison term, heavy fines, and other criminal charges. For example, if the state files manslaughter charges against you, they may also face charges for DUI or reckless driving. It all depends on the facts of your case.<\/p>\r\n

Here, we\u2019ll explain West Virginia\u2019s manslaughter laws, including the state\u2019s legal definition of the crime and penalties. If you\u2019re facing criminal charges, contact an experienced West Virginia criminal defense attorney<\/a>. They can explain your options under the state’s criminal code, negotiate with prosecutors, and protect your constitutional rights.<\/p>\r\n

Legal Definition of Manslaughter in West Virginia<\/b><\/h2>\r\n

The West Virginia Code defines the crime of manslaughter as the unlawful killing of another person without malice<\/a>. This distinguishes manslaughter from crimes like first-degree murder<\/a> that involve malice or \u201cmalice aforethought.\u201d<\/p>\r\n

To compare, first-degree murder<\/a> is the intentional killing of another human being through a willful, deliberate, and premeditated act. This crime requires that the defendant exhibit the intent to kill, a reckless disregard for human life, or an evil motive.<\/p>\r\n

While manslaughter is much more serious than a misdemeanor<\/a>, it is not quite as severe as murder. The crime of manslaughter itself is a felony. However, many manslaughter cases involve a defendant who causes the death of another person while engaging in a lesser crime, such as DUI, reckless driving, or criminal negligence.<\/p>\r\n

Voluntary vs. Involuntary Manslaughter<\/b><\/h2>\r\n

West Virginia law divides the crime of manslaughter between voluntary manslaughter<\/a> and involuntary manslaughter<\/a>. However, the state’s criminal statutes don\u2019t specifically define voluntary or involuntary manslaughter. Instead, the courts have developed the essential elements through caselaw.<\/p>\r\n

Generally speaking, voluntary manslaughter<\/a> is a killing that occurs in the heat of passion<\/a> with great provocation and without malice.<\/p>\r\n

A typical example is when a person comes home to find their spouse cheating on them. In the heat of passion and with extreme anger, the defendant takes out a knife and kills their spouse.<\/p>\r\n

If the state charges this defendant with murder, the defendant\u2019s criminal defense lawyer will ask the judge to reduce the charges<\/a> to voluntary manslaughter.<\/p>\r\n

Conversely, involuntary manslaughter<\/a> is a killing that occurs through reckless behavior or from criminal negligence<\/a>.<\/p>\r\n

An example of involuntary manslaughter would be a scuba instructor who leads his beginner diving class to an area he knows is full of hungry sharks. One of the students ends up being eaten alive. The court may charge the instructor with involuntary manslaughter, arguing that they acted recklessly or with criminal negligence.<\/p>\r\n

West Virginia Voluntary Manslaughter Law at a Glance<\/b><\/h2>\r\n

Many people who face criminal charges seek legal advice because state statutes can be difficult to read. The following table outlines West Virginia’s voluntary manslaughter law in plain English.<\/p>\r\n\r\n

Code Sections<\/b><\/p>\r\n<\/td>\r\n

W. VA. Code Chapter 61, Section 2-4<\/a> and Section 2-5<\/a><\/p>\r\n<\/td>\r\n<\/tr>

Definition<\/b><\/p>\r\n<\/td>\r\n

According to West Virginia law, voluntary manslaughter is the unlawful killing of another person without malice while acting in the heat of passion<\/a> or under great provocation.<\/p>\r\n<\/td>\r\n<\/tr>

Penalties<\/b><\/p>\r\n<\/td>\r\n

Under the WV Code, voluntary manslaughter is a felony<\/a> with a possible prison sentence of three to 15 years.<\/p>\r\n<\/td>\r\n<\/tr>

Defenses<\/b><\/p>\r\n<\/td>\r\n

The death was an accident, and the defendant acted lawfully, with usual and ordinary caution, and without any unlawful intent<\/a>.<\/p>\r\n<\/td>\r\n<\/tr><\/tbody><\/table>\r\n

A Skilled West Virginia Criminal Defense Attorney Can Help<\/b><\/h2>\r\n

Although manslaughter is not as severe as murder, you should not take these charges lightly. If you\u2019re facing manslaughter charges, contact an experienced West Virginia criminal defense attorney<\/a> for legal advice.<\/p>\r\n

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