State Involuntary Manslaughter Laws

Every state has specific statutes dealing with criminal homicide. The most severe of these crimes is murder, including first-degree murder and second-degree murder. Most states also recognize the lesser crime of manslaughter.

In general, there are two types: voluntary manslaughter and involuntary manslaughter. The primary difference between manslaughter and murder has to do with intent and planning.

In most jurisdictions, a first-degree murder conviction requires that the state prove premeditation, or planning. Most murder statutes also require that a defendant act with malice aforethought and have the specific intent to cause great bodily harm or death. This differs from manslaughter.

This article examines involuntary manslaughter, including its elements, penalties, and possible defenses. It also provides links to FindLaw articles on state-specific involuntary manslaughter laws.

While not as serious as a murder charge, manslaughter carries significant penalties. If you’re currently facing involuntary manslaughter charges, consider contacting an experienced criminal defense lawyer.

Overview of Involuntary Manslaughter Laws

While a few states recognize only one type of manslaughter, most jurisdictions divide this offense into voluntary and involuntary manslaughter. Involuntary manslaughter is often defined as the unintentional killing of another human being without planning or malice aforethought.

Involuntary manslaughter cases usually involve a defendant who caused the death of another person while either performing an unlawful act or killing someone while performing a lawful act in a negligent or reckless manner. For example, if a person drives under the influence of drugs or alcohol and causes a fatal crash, they’ll likely face charges of involuntary manslaughter. The same is true for someone who accidentally discharges a gun in a crowded room and kills another human being.

Federal Involuntary Manslaughter Laws

In addition to state-specific involuntary manslaughter laws, there are also federal manslaughter laws. According to federal law, involuntary manslaughter is the unlawful killing of a human being without malice that occurs during the commission of an unlawful act or a lawful act that the defendant performs in a reckless or negligent way. The penalty for involuntary manslaughter is up to eight years in federal prison and potential fines.

Involuntary Manslaughter vs. Voluntary Manslaughter

Most states divide manslaughter into voluntary and involuntary manslaughter. With voluntary manslaughter, the defendant commits an intentional killing, whereas involuntary manslaughter involves the unintentional killing of another person.

Another key difference between these two offenses concerns the nature of the act itself. Voluntary manslaughter cases usually involve a defendant who takes a human life due to heat of passion or provocation. With involuntary manslaughter cases, the victim’s death is the result of the defendant’s criminal negligence or recklessness.

Penalties for Involuntary Manslaughter

A conviction for manslaughter under federal law carries up to eight years in prison plus fines. The penalties for involuntary manslaughter vary from state to state.

Almost every state categorizes involuntary manslaughter as a felony, which means that the minimum penalty is at least one year in jail or state prison. However, each state writes its own sentencing guidelines, and judges have discretion when imposing prison sentences.

Some examples of state-specific penalties for involuntary manslaughter include:

• California: Under the California Penal Code, the penalty for involuntary manslaughter can be either two, three, or four years in prison. It depends on the specific facts of the case and whether the defendant has a prior criminal record.
• Arkansas: The maximum prison sentence for involuntary manslaughter in Kansas is one year. The court may also impose a fine of up to $2,500.
• Nebraska: Nebraska has some of the strictest penalties for involuntary manslaughter. A person guilty of involuntary manslaughter in Nebraska faces up to 20 years in prison and fines of up to $25,000.
• Illinois: Involuntary manslaughter in Illinois is a Class 3 felony is a Class 3, resulting in a prison sentence of two to three years. The offense becomes a Class 2 felony if the victim is a police officer.

In vehicular manslaughter cases, such as DUI accidents, the court will suspend the defendant’s driver’s license. The length of the suspension depends on state law and the specific facts of the case.

Regardless of where you live, the state must prove its case beyond a reasonable doubt to secure a guilty verdict. Once the judge or jury finds the defendant guilty of involuntary manslaughter, they must determine the sentence.

The court will consider both aggravating and mitigating factors when determining a defendant’s sentence. It will take into account the following factors during the sentencing phase of an involuntary manslaughter case:

• The defendant’s prior criminal history
• The nature of the crime
• The age of the victim
• Whether the victim was a police officer, judge, or member of law enforcement
• The number of victims
• Whether the defendant used a deadly weapon to commit the offense
• The level of gross negligence on the part of the defendant

Some states have separate statutes for cases involving a DUI motor vehicle accident, negligent homicide, and vehicular homicide. If that’s the case, the statute will specify the minimum and maximum sentence.

Defenses to Involuntary Manslaughter

The state’s goal is to prove the defendant guilty beyond a reasonable doubt. Your criminal defense attorney’s job is to either dismantle the prosecutor’s case entirely or present a strong legal defense.

The potential defenses to the crime of involuntary manslaughter (and most other homicide charges) include the following:

• Self-defense/defense of others
• Actual innocence
• Insanity/mental incapacity

Other defenses may apply.

State-Specific Involuntary Manslaughter Laws

Most states have specific statutes for involuntary manslaughter, while others either don’t recognize it or don’t have written statutes outlining the crime.

Below are links to FindLaw pages on involuntary manslaughter laws in the specific states. Some go directly to the state statute for involuntary manslaughter. If you have additional questions about the laws in your state, contact a local criminal defense attorney.

A Criminal Law Attorney Can Help

If you’re facing a murder charge, involuntary manslaughter charge, or any other type of criminal charge, consider reaching out to a skilled criminal defense attorney. Things move quickly after your arrest, and you don’t want to be at a disadvantage with so much at stake. They can examine your case, explain your options, and stand with you in court.