Maine Manslaughter Law

Maine law categorizes three crimes under homicide: murder, felony murder, and manslaughter. The three crimes vary depending on several factors, such as:

• The intent of the offender
• The nature of the crime
• Whether the defendant planned the killing

In this article, we’ll explain how Maine defines manslaughter and the criminal penalties that can result from a conviction.

If you’re facing manslaughter charges or other criminal charges, contact a local criminal defense attorney as soon as you can. They can explain your options, negotiate with prosecutors, and represent your interests in court.

Maine Law Doesn’t Distinguish Between Voluntary and Involuntary Manslaughter

Most states divide manslaughter into voluntary manslaughter and involuntary manslaughter. The primary difference between the two is that involuntary manslaughter doesn't involve intent to kill.

Voluntary Manslaughter

Typically, the difference between involuntary and voluntary manslaughter has to do with intent. The legal definition of voluntary manslaughter in states where there is such a crime usually includes the following elements:

• The intentional killing of a human being
• Without deliberation, "malice aforethought," or premeditation

Common examples of voluntary manslaughter are heat of passion crimes and cases involving imperfect self-defense. This means a person was provoked in the heat of the moment and acted without thinking or taking time to cool off. Imperfect self-defense typically means the person did act in self-defense, but went too far.

Involuntary Manslaughter

Unlike its counterpart, involuntary manslaughter does not require intent on the part of the offender. Usually, these crimes involve the death of another person as a result of another crime, such as DUI or reckless driving. Many involuntary manslaughter cases also involve criminal negligence.

Here's an example: Someone driving on a suspended driver’s license causes a fatal accident while speeding. The driver will probably face a license suspension and possible impoundment of their motor vehicle for speeding and driving without a valid license, but law enforcement may also arrest them for manslaughter.

However, the state of Maine is unique in that it doesn’t distinguish between the two types of manslaughter. All killings fall under the crime of homicide, regardless of intent.

Maine’s Manslaughter Laws at a Glance

It can be challenging to understand the legal jargon in most state statutes. So we’ve highlighted the details of Maine's manslaughter law in the table below.

What's the Difference Between Murder and Manslaughter?

Whether a person is guilty of murder as opposed to manslaughter depends on the presence of malice. Maine’s murder law defines malice as the intent to kill or cause serious bodily injury.

In other words, murder is the unlawful killing of another person with malice, while manslaughter is the unlawful killing of another without malice. However, the courts may reduce a person’s murder charge to manslaughter due to mitigating circumstances.

Mitigating Murder to Manslaughter

The criminal courts may mitigate a murder charge to that of manslaughter if the defendant killed the victim in the "heat of passion." If the offender commits the killing under the influence of extreme anger or extreme fear brought on by adequate provocation, the judge may reduce the defendant's charges to manslaughter.

For example, imagine a man comes home and finds his wife cheating on him. The husband kills his wife’s lover while under the influence of extreme anger. Law enforcement charges him with first-degree murder.

The husband (or his defense lawyer) will likely argue that the court should reduce the charges to manslaughter, given the defendant’s anger at the time of the killing.

How Can a Maine Criminal Defense Attorney Help?

If you’re facing manslaughter charges or another criminal charge, it’s a good idea to contact a Maine criminal defense lawyer as soon as possible after your arrest. The penalties for this crime are severe, and a legal professional can be instrumental in seeking an acquittal or favorable plea bargain.