Delaware Manslaughter Law

Manslaughter is the unlawful killing of another human being without malice aforethought. The state doesn’t have to prove the defendant intended to harm or kill the victim. This is the primary difference between manslaughter and murder. In a murder case, the prosecutor must demonstrate that the defendant intended to kill or maim their victim.

This article explains Delaware’s manslaughter laws, including the penalties and defenses. It also examines the mitigating factors a criminal defense attorney can raise to convince the state to reduce or dismiss the charges.

Homicide and Delaware Law

Homicide is the act of taking a human life, regardless of intent. Every state has specific laws that outline the different types of homicide. For example, under Delaware law, you can be guilty of homicide if your negligent driving causes the death of another person.

In the state of Delaware, there are six types of homicide. These include:

• First-degree murder (Class A Felony)
• Second-degree murder (Class A Felony)
• Murder by abuse or neglect (Class A or Class B Felony)
• Manslaughter (Class A Felony broken down into voluntary manslaughter and involuntary manslaughter)
• Criminally negligent homicide (Class D Felony)
• Vehicular homicide (Class C Felony)

The penalties for these crimes vary, with murder being the most severe.

Delaware’s Manslaughter Laws: Summary

The state of Delaware laws on manslaughter are relatively straightforward. Since the legalese of statutes can be difficult to parse, we’ve broken down some of the more important points into plain English in the chart below.

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 your state laws.

Killing Under Extreme Emotional Distress – Mitigating Murder to Manslaughter

Intentionally causing the death of another person often qualifies as first-degree murder in Delaware. However, if the defendant acted under the influence of extreme emotional distress, the court may reduce the charge to that of manslaughter.

A typical example of extreme emotional distress is a heat of passion killing. If a person walks in on their spouse in bed with a lover and shoots them both, the court may accept that the defendant acted under an extreme emotional disturbance.

Facing Manslaughter Charges in Delaware? Talk to an Attorney

If you’re facing felony or misdemeanor charges, consider consulting with an experienced Delaware criminal defense lawyer. Whether the state has charged you with murder in the first degree or criminal negligence, you’ll want an attorney by your side.

The penalties for these crimes are severe and will impact the rest of your life. Having a skilled attorney by your side increases the chances of gaining an acquittal or favorable plea bargain.

Additional Resources

• Voluntary Manslaughter Defenses
• Involuntary Manslaughter
• Delaware’s Criminally Negligent Homicide Law
• Delaware’s First-Degree Vehicular Homicide Law