Arkansas Voluntary Manslaughter Law

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.

The punishment for first-degree murder 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.

This article explains Arkansas’s voluntary manslaughter laws, including the potential penalties and defenses. If you’re facing homicide charges in Arkansas, contact a local criminal defense attorney. We’ve also included links to related FindLaw articles below.

Differences Between Murder and Manslaughter

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 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.

Given that the penalties for murder are so much greater than they are for manslaughter, it’s 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.

In a manslaughter case, the prosecutor doesn’t 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.

Most voluntary manslaughter cases involve a defendant who killed someone in a crime of passion or as a result of adequate provocation.

Arkansas Law and Manslaughter

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

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

A prime example of voluntary manslaughter 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.

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’s reasonable that a person in the defendant’s shoes would have reacted in the same way.

Other Types of Manslaughter in the State of Arkansas

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

The other forms of manslaughter under Arkansas law include:

• Assisting another person in committing suicide
• Recklessly causing the death of another person
• Negligently causing the death of any person while committing or attempting to commit a felony

These crimes are Class B felonies with a penalty of five to 20 years in state prison.

Arkansas’ Voluntary Manslaughter Laws: Summary

The legalese of Arkansas criminal statutes can seem pointlessly complicated. The definition and penalties for manslaughter are much easier to understand when they appear in plain English. The following table outlines Arkansas’s manslaughter law.

Disclaimer: State laws change frequently. For case-specific information regarding Arkansas’s manslaughter laws, contact a local criminal defense lawyer.

An Arkansas Criminal Defense Attorney Can Help

If you’re facing voluntary manslaughter charges, it’s a good idea to contact an Arkansas criminal defense lawyer. The penalties for this crime are severe, and a conviction will impact the rest of your life.

Reach out to a skilled defense attorney as soon as possible after your arrest. They’ll work hard to achieve an acquittal or a favorable plea bargain.

Related FindLaw Resources

• First-Degree Murder Overview
• Second-Degree Murder Overview
• Involuntary Manslaughter