Pennsylvania Involuntary Manslaughter Laws

Pennsylvania law recognizes five types of criminal homicide. This includes three types of murder and two types of manslaughter. Pennsylvania’s criminal code classifies murder by degree: first-degree murder, second-degree murder, and third-degree murder. The criminal statutes divide manslaughter into voluntary and involuntary manslaughter.

Pennsylvania’s manslaughter laws apply to cases involving an unintentional killing or a crime of passion. People guilty of voluntary or involuntary manslaughter charges face a lesser penalty than those guilty of murder. However, they’ll still face possible jail time and hefty fines.

This article explains how involuntary manslaughter laws work in the Commonwealth of Pennsylvania, including the possible penalties and defenses. We’ve also included links to related FindLaw articles at the bottom of the page. If you’re facing homicide charges, consider contacting a criminal defense attorney sooner rather than later.

Manslaughter vs Murder

Whenever someone causes the death of another person, they should expect the state to pursue criminal charges. Whether the defendant committed an unintentional or intentional killing, the taking of a human life demands that someone pay the price.

The primary difference between murder and manslaughter has to do with intent. If the state can prove premeditation (planning), it will pursue murder charges. If the victim’s death was the direct result of the defendant’s negligence, the defendant will face involuntary manslaughter charges.

If a defendant plans a homicide, they’ll face murder charges. Shooting someone during the heat of passion may mean voluntary manslaughter charges instead..

Proving Involuntary Manslaughter Charges

Under Pennsylvania law, involuntary manslaughter occurs when a person dies as a direct result of an unlawful or lawful act involving recklessness or gross negligence. An example of a lawful act leading to an involuntary manslaughter case is a parent whose child dies after they leave them in a locked car on a hot day.

An example of a manslaughter case involving an unlawful act is a person who impersonates a doctor and prescribes medication to a patient with a deadly allergy.

To secure a manslaughter conviction, the prosecutor must show a causal link between the defendant’s conduct and the death of the victim. If there is no direct link between the defendant’s lawful or unlawful conduct and the victim’s death, the state will have difficulty proving involuntary manslaughter.

A prosecutor can establish gross negligence or recklessness by comparing the defendant’s actions with those of a reasonable person. The prosecutor might also consider whether the defendant purposefully ignored a known danger or continued activity even when significant risks became obvious.

Involuntary Manslaughter vs Voluntary Manslaughter

There is a significant difference between involuntary and voluntary manslaughter. Both elements and the penalties for the crimes differ. Voluntary manslaughter is a first-degree felony punishable by up to 20 years in prison. Involuntary manslaughter is a first-degree misdemeanor with a penalty of five to 10 years in prison, depending on the age of the victim.

In Pennsylvania, involuntary manslaughter involves a lawful or unlawful act performed in a reckless or negligent manner that causes the death of another person. Voluntary manslaughter, on the other hand, consists of a defendant who kills someone during intense passion after serious provocation.

Pennsylvania Involuntary Manslaughter Laws: Summary

The legalese of state statutes can make them difficult to understand. We’ve summarized Pennsylvania’s involuntary manslaughter laws in the chart below.

Disclaimer: State laws are subject to change through new legislation, higher court rulings, and other means. While we strive to provide the most current information, consult a Pennsylvania criminal defense lawyer or conduct further research to verify your state laws.

Charged With Involuntary Manslaughter? Contact a Criminal Defense Attorney

If you’re facing involuntary manslaughter charges, you should meet with a Pennsylvania criminal defense attorney as soon as possible after your arrest. Schedule a free case evaluation to have a skilled attorney review your case.

Your criminal defense lawyer will work to get you an acquittal. If that’s not possible, they’ll try to acquire a favorable plea bargain. Either way, they’ll work hard to secure the best possible outcome.

Related FindLaw Resources

• Pennsylvania Capital Punishment Laws
• Pennsylvania Murder of the First Degree
• Defenses to Voluntary Manslaughter
• Defenses to Involuntary Manslaughter