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District of Columbia Involuntary Manslaughter Laws

Homicide is a criminal offense in every jurisdiction. However, not all homicides are murder. A murder charge applies to cases where the defendant intentionally killed another human being, usually with premeditation and malice aforethought.

There are other types of criminal homicide as well. For example, a person commits voluntary manslaughter when they kill someone in the heat of passion or as a response to adequate provocation. In a voluntary manslaughter case, the defendant had the intent to kill. However, they did not plan to kill the victim. They did so in response to an extreme emotional disturbance.

Another type of homicide is involuntary manslaughter. This crime involves the unintentional killing of another person, typically the result of negligence or recklessness. A typical example of involuntary manslaughter is a defendant who kills another driver in a drunk driving accident.

This article explains how the involuntary manslaughter laws work in Washington, D.C. It also examines the penalties and possible defenses to this crime.

If you’re facing charges of manslaughter or negligent homicide, consider reaching out to an experienced D.C. criminal defense attorney. We’ve also included links to other helpful FindLaw articles at the bottom of this page.

Overview of District of Columbia Involuntary Manslaughter

The D.C. Code recognizes two types of involuntary manslaughter. The following table outlines involuntary manslaughter laws in the District of Columbia.

District of Columbia Involuntary Manslaughter Code Sections

District of Columbia Official Code §22-2105

D.C. Code does not have a specific manslaughter statute. The elements of the crime are based on common law.

Definitions of Involuntary Manslaughter Under District of Columbia Law

Under the District of Columbia’s involuntary manslaughter laws, the crime can qualify as either criminal-negligence manslaughter or misdemeanor manslaughter.

Involuntary Criminal-Negligence Manslaughter:

  • The defendant caused the death of another person
  • The defendant’s conduct was a gross deviation from a reasonable standard of care
  • The defendant’s conduct created an extreme risk of death or serious bodily injury

Involuntary Misdemeanor Manslaughter:

  • The defendant caused the victim’s death
  • The defendant did so while committing or attempting to commit an underlying misdemeanor offense
  • The defendant’s acts created a reasonably foreseeable risk of appreciable physical injury

There is no requirement that the defendant intended to kill the decedent.

Penalties for Involuntary Manslaughter Under District of Columbia Law

Involuntary manslaughter carries a maximum sentence of up to 30 years and possible fines.

There is no minimum sentence under D.C. law.

Defenses Against Involuntary Manslaughter Charges Under District of Columbia Law

The following defenses are available under D.C. law:

  • Self-defense
  • Defense of others
  • Insanity
  • Lack of evidence
  • Actual innocence

Many involuntary manslaughter cases are initially first-degree murder or second-degree murder cases. If the defendant’s attorney submits evidence that lessens their client’s culpability, such as heat of passion, the judge or jury may convict them of the lesser offense of manslaughter.

Disclaimer: State laws change frequently due to emergency legislation, higher court rulings, etc. FindLaw strives to provide the most current information. However, you should contact a D.C. criminal defense attorney or conduct additional research to confirm your state laws.

A D.C. Criminal Law Attorney Can Help

If you’re facing murder or manslaughter charges, you should contact a local defense attorney. A conviction for any violent crime will result in a lengthy prison sentence. The best way to avoid a conviction is to create reasonable doubt in the minds of the jury. Experienced criminal defense lawyers know how to do this.

Regardless of the type of criminal charges you’re dealing with, meeting with an attorney as soon as possible after your arrest is a good idea. It takes time to prepare an adequate defense. Contact a local District of Columbia defense attorney to schedule your initial consultation.

Related FindLaw Resources

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