Montana Voluntary Manslaughter Law

Homicide is the unlawful killing of a human being by another human being. Some jurisdictions categorize homicide as first-degree or second-degree homicide. Under Montana state law, homicide is classified as deliberate, mitigated deliberate, or negligent.

Mitigated deliberate homicide is equal to voluntary manslaughter in other states. Although the terminology differs, the elements of the offense are the same. Mitigated deliberate homicide lies between deliberate homicide and negligent homicide in Montana law.

Types of Homicide in Montana

In Montana criminal law, deliberate homicide is the purposeful or knowledgeable taking of a human life. This charge is used if either of the following applies to the defendant:

• They intended to take another life
• They knew, with reasonable certainty, that their actions would cause a death

In other states, intent or knowledge makes the crime first- or second-degree murder.

Montana Code uses the same elements to define mitigated deliberate homicide. However, the presence of extreme emotional or mental distress reduces the severity of the charge.

The presence of this emotional or mental distress is not an affirmative defense, through which a defendant argues that they committed a crime but were somehow justified in doing so. Either side may present evidence of mitigation during the trial.

Mitigated Deliberate Homicide vs. Voluntary Manslaughter

In most states, voluntary manslaughter is a separate offense from murder. The defendant may have the burden of proving they acted in the “heat of passion.”

In Montana, mitigated deliberate homicide may be a “lesser included charge” to the crime of deliberate homicide. The defendant has no burden to prove any mitigating circumstances or “heat of passion” elements. Mitigated homicide is not a lesser included charge for a deliberate homicide charge that occurs in the course of another violent felony, such as robbery, sexual assault, or burglary.

“Heat of Passion” in Mitigated Deliberate Homicide

“Heat of passion,” referred to as “extreme mental or emotional stress” in the state of Montana, reduces the charge from deliberate homicide to the lesser crime of mitigated deliberate homicide. The emotional stress must be enough to cause a reasonable person to have a similar reaction. The usual example is finding one’s spouse in bed with another person.

Negligent Homicide

Montana does not have an involuntary manslaughter statute. In Montana, negligent homicide means causing the death of another human being with careless or reckless behavior. Negligent homicide is not a lesser included offense of deliberate homicide, since the defendant lacked the intent to kill or cause serious bodily harm.

Vehicular homicide is sometimes known in other states as vehicular manslaughter. A killing that occurs while under the influence (DUI) is a separate offense from negligent homicide. There is a presumed lack of intent, but the offense is more serious than criminal negligence.

Penalties

Montana is a capital punishment state and still has the death penalty on the books for deliberate homicide. However, the death penalty is not automatically applied for intentional killing with premeditation. It is subject to specific statutory aggravating circumstances.

The penalty for mitigated deliberate homicide depends on the nature of the offense and mitigating circumstances. The crime is a felony, punishable by incarceration in state prison for between two and 40 years, a fine of up to $50,000, or both.

Negligent homicide is punishable by a sentence of up to 20 years’ imprisonment, a fine of up to $50,000, or both. Vehicular homicide carries up to 30 years’ imprisonment, fines of up to $50,000, or both.

Additional Resources

• Defending Yourself Against a Criminal Charge
• What’s the Difference Between First- and Second-Degree Murder?
• What’s Manslaughter?

Get Legal Advice From a Montana Criminal Defense Lawyer

Getting charged with any criminal offense in Montana can have serious consequences. If you face charges of deliberate homicide, negligent homicide, or any other murder charge, seek legal advice from a Montana criminal defense attorney before speaking to law enforcement or the courts. They’ll assess your situation, examine pertinent case law, and help craft a defense to achieve the best possible outcome.