State Voluntary Manslaughter Laws

There are several types of homicide, including murder, manslaughter, and negligent homicide. Just as most states divide murder into degrees, they also tend to divide manslaughter into two types: voluntary manslaughter and involuntary manslaughter.

Voluntary manslaughter laws vary significantly from state to state, making them confusing for non-lawyers to understand. The good news is that the legal writers at FindLaw have done the research for you.

In this article, you’ll find information on state-specific voluntary manslaughter laws, including the definition, penalties, and defenses to this crime. Click on the state where you live to find the FindLaw page you’re looking for.

Overview of Voluntary Manslaughter

Almost every state recognizes the crimes of voluntary and involuntary manslaughter. In general, manslaughter is a lesser crime than first-degree murder and second-degree murder. Therefore, the penalties for manslaughter are not as severe as they are for murder.

Each state has its own definition of voluntary manslaughter. The federal definition of this crime is slightly different from most state definitions. Under federal law, voluntary manslaughter is the unlawful killing of another human being without malice, usually in response to the heat of passion or a sudden quarrel.

Most states define voluntary manslaughter as the intentional killing of another person under the heat of passion or in response to adequate provocation. Planning, or premeditation, is not a requirement for a voluntary manslaughter conviction. Nor is malice.

State law often considers these criminal cases as crimes of passion. The state does not have to prove that the defendant had the intent to cause serious bodily harm or death. They must only prove that the defendant intended to act the way they did.

Voluntary Manslaughter vs. First-Degree Murder

A voluntary manslaughter charge is quite different from a first-degree murder charge. As stated above, in a first-degree murder case, the state must prove that the defendant acted with malice aforethought and premeditation.

In a voluntary manslaughter case, this isn’t necessary. The prosecutor only has to prove that the defendant caused the death of another person due to heat of passion, an extreme emotional disturbance, or reasonable provocation.

In a voluntary manslaughter case, the jury (or judge) must consider whether a reasonable person would have acted the same way as the defendant in similar circumstances. If the answer is “yes,” the defendant will likely be guilty of manslaughter rather than murder.

The penalties for these crimes are significantly different as well. A first-degree murder conviction can lead to a sentence of life imprisonment without the possibility of parole or death in states that still have the death penalty. A charge of voluntary manslaughter carries a maximum sentence of anywhere from 15 to 20 years in state prison, depending on the facts of the case. If a person is guilty of this crime, the judge will consider mitigating and aggravating factors during sentencing.

A person may face murder charges if someone dies during the commission of a violent crime. This is true in states that follow the felony murder rule. When someone dies while committing an unlawful act that doesn’t amount to a felony, they may face a manslaughter charge.

How Does Voluntary Manslaughter Differ From Involuntary Manslaughter?

Just as there are differences between first- and second-degree murder, there are significant differences between voluntary and involuntary manslaughter. Voluntary manslaughter cases are usually crimes of passion, whereas involuntary manslaughter cases often involve criminal negligence, accidental killings, and recklessness.

Another key difference between these two criminal charges is that voluntary manslaughter involves an intentional taking of a human life. In involuntary manslaughter cases, the death is often the unintentional but unlawful killing of a human being.

A prime example of voluntary manslaughter is a person who comes home to find their spouse in bed with a lover. In the heat of passion, they shoot and kill both the spouse and the paramour. Since they acted in response to an extreme emotional disturbance (discovering their spouse cheating on them in their marital bed), they would face voluntary manslaughter charges instead of murder.

Involuntary manslaughter can involve a person who goes to happy hour with their coworkers and causes a fatal accident on the way home. If the police can show that they were driving under the influence (DUI), they will likely face involuntary manslaughter charges. In some states, the inebriated driver would face vehicular manslaughter or vehicular homicide charges. It depends on the state’s penal code where the accident occurred.

Penalties for Voluntary Manslaughter

While the penalties for voluntary manslaughter are nowhere near as severe as they are for murder, they are still life-changing. Depending on the jurisdiction, the penalty for voluntary manslaughter may range anywhere from three years in California to up to 20 years in Massachusetts.

Many states also fine people guilty of voluntary manslaughter. For example, in Florida, a voluntary manslaughter conviction may result in fines of up to $10,000. The penalties will depend on the jurisdiction and the facts of the case.

When a judge imposes the sentence in a voluntary manslaughter case, they will consider several factors, including:

• The defendant’s criminal record
• The mental state of the defendant at the time of the crime
• Whether the defendant used deadly force
• The victim’s age and identification

At sentencing, the judge will consider factors specific to the defendant and the nature of the crime itself. If a person kills a member of law enforcement, the court may enhance their sentence. The courts are also apt to show some leniency toward first-time offenders, but this depends on the other details.

Defenses to Voluntary Manslaughter

When facing voluntary manslaughter charges, hiring a criminal defense attorney who can poke holes in the state’s case and present a solid defense strategy should be a serious consideration. You’ll almost certainly be facing potential jail time, and it’s a good idea to have an expert in criminal law on your side.

Some of the defenses to voluntary manslaughter include:

• Self-defense and the defense of others
• Insanity/diminished capacity
• Involuntary intoxication
• Actual innocence

These defenses may result in a plea bargain or conviction of a lesser-included offense rather than an outright acquittal. If this is the case, the defendant will face a lighter sentence than the maximum sentence for the original criminal charge.

State-Specific Voluntary Manslaughter Laws

Below are links to FindLaw pages on state-specific voluntary manslaughter laws. These pages provide detailed information on the state’s definition of the crime, defenses, and penalties for the offense.

How Can a Criminal Defense Lawyer Help?

If you or a loved one is facing a charge of voluntary manslaughter, consider contacting a seasoned criminal defense attorney. They’ll work hard to achieve an acquittal or, in the worst case, negotiate in plea bargaining with the prosecutor for a lesser sentence.