Delaware Involuntary Manslaughter Law

In Delaware, there are six types of homicide: first-degree murder, second-degree murder, murder by abuse or neglect, manslaughter, criminally negligent homicide, and vehicular homicide. The main difference between these crimes is the defendant’s intent at the time of the act.

With first-degree murder, the prosecutor must prove that the defendant planned the crime and intended to cause death or serious bodily injury. The crime of manslaughter, however, does not require premeditation or planning.

For the state to convict someone of manslaughter, it need only prove that the defendant’s recklessness caused the victim’s death or that the defendant intended to commit serious bodily harm but killed the victim instead.

Like many other jurisdictions, the state of Delaware recognizes two types of manslaughter: involuntary and voluntary. This article provides a brief overview of Delaware’s involuntary manslaughter laws, including criminally negligent homicide and vehicular homicide laws.

If you’re facing manslaughter charges, it’s a good idea to reach out to an experienced criminal defense attorney. We’ve also provided links to other FindLaw articles on similar subjects at the bottom of this page.

Delaware and Involuntary Manslaughter

Delaware law defines the crime of involuntary manslaughter as an unintentional killing resulting from criminal negligence or an unlawful act. The unlawful act can be a misdemeanor or low-level felony, such as driving under the influence (DUI).

The key difference between involuntary manslaughter and voluntary manslaughter is whether the defendant intended to kill the victim. The Delaware Code divides involuntary manslaughter into three separate crimes:

• Criminally negligent homicide (Class D Felony)
• First-degree vehicular homicide (Class C Felony)
• Second-degree vehicular homicide (Class D Felony)

The penalties for these crimes range from up to eight years in prison for criminally negligent homicide to 15 years for first-degree vehicular homicide.

Delaware Involuntary Manslaughter Laws: Summary

If you’re facing homicide charges, you should familiarize yourself with Delaware’s criminal laws. While none of these crimes warrant a sentence of life imprisonment, the penalties are severe and will impact the rest of your life.

The table below offers a recap of Delaware’s involuntary manslaughter laws.

Delaware Vehicular Manslaughter Laws

Common Defenses to Involuntary Manslaughter

Meeting with a lawyer from a local law office to handle a criminal case is a good idea. An experienced attorney will work hard to craft a strong defense strategy. They know the law and have likely handled dozens of cases like yours before.

Some of the most common defenses to an involuntary manslaughter charge in Delaware include:

• Actual innocence
• Self-defense
• Accidental in nature
• Insufficient evidence
• An illegal search and seizure

The state must prove that you committed an unlawful killing to convict you of involuntary manslaughter. You may earn an acquittal or favorable plea bargain if you can demonstrate one of the above defenses.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, consult a criminal defense attorney or conduct further criminal law research to verify Delaware laws.

An Experienced Delaware Criminal Defense Lawyer Can Help

If you’re facing involuntary manslaughter charges in Delaware, contact a skilled criminal defense attorney as soon as possible. Things move quickly once law enforcement makes an arrest. You’ll want to give your criminal defense lawyer as much time as possible to prepare your defense.

FindLaw Related Resources

Below are other helpful articles:

• Third-Degree Murder Overview
• Class A Felony in Delaware
• Class B Felony in Delaware
• Reasonable Person Standard