Virginia Involuntary Manslaughter Law

By Christie Nicholson, J.D. | Legally reviewed by Catherine Hodder, Esq. | Last updated July 14, 2025

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There is a myth that all unlawful killings are murder. Every state, including Virginia, has different types of homicides. Most states differentiate between first-degree and second-degree murder. In the same vein, almost all jurisdictions distinguish between voluntary and involuntary manslaughter.

The primary difference between murder and manslaughter is that with murder, the defendant planned to and intended to kill the victim. With manslaughter, the offender did not plan the crime and often killed the victim under the heat of passion, provocation, or due to criminal negligence.

This article examines Virginia’s involuntary manslaughter laws, including the legal definition of the crime and its penalties. For additional information, we’ve included links to relevant FindLaw articles at the bottom of this page.

Difference Between Voluntary and Involuntary Manslaughter in Virginia

Manslaughter is the unlawful killing of another human being without premeditation and malice aforethought. In Virginia, there are two types of manslaughter: voluntary and involuntary. Voluntary manslaughter often involves a crime of passion killing or taking a human life in response to adequate provocation. Involuntary manslaughter results from negligence or recklessness.

The Commonwealth of Virginia defines involuntary manslaughter as the accidental killing of another human being without premeditation. This crime occurs when someone unintentionally causes the death of another person, such as during a DUI accident.

Under Virginia law, there is a separate crime of aggravated involuntary manslaughter. According to Virginia Code, a person is guilty of aggravated manslaughter when they commit an unintentional killing with total disregard for human life.

This crime carries a mandatory minimum sentence of one year in prison with the possibility of up to 20 years. The defendant will also have to pay a potential fine of $2,500.

Involuntary Manslaughter and DUI

In Virginia, if a person causes a car accident while driving under the influence, they may face involuntary manslaughter charges. A person who has a few beers on their way home from work, swerves into oncoming traffic, and kills the driver of the other vehicle may be guilty of involuntary manslaughter.

Committing the unlawful act of DUI at the time of the crash could be grounds for an involuntary manslaughter charge. The driver can also face a civil claim for wrongful death on behalf of the victim’s family.

Involuntary Manslaughter Statutes in Virginia

The following table highlights the main provisions of Virginia’s involuntary manslaughter laws. If you’re facing any sort of manslaughter charges, it’s an excellent idea to speak with a criminal defense attorney sooner rather than later.

Virginia Manslaughter Code Sections	Code of Virginia §18.2-36.1
Other Terms Used for Manslaughter in Virginia	DUI Involuntary Manslaughter Vehicular Manslaughter Vehicular Homicide
Definition of Manslaughter Under Virginia Law	Unintentionally causing the death of another person without premeditation or intent, usually as the result of a DUI motor vehicle accident.
Penalties for Manslaughter in Virginia	Class 5 felony: Imprisonment of one to 10 years; a fine of up to $2,500; revocation of the defendant’s driver’s license; and completion of an alcohol safety action program. In cases of aggravated involuntary manslaughter, the penalty increases to 20 years in prison.

Disclaimer: State laws change frequently due to new legislation, higher court rulings, and other means. While FindLaw strives to provide the most current information, it’s best to consult a skilled criminal defense attorney to confirm your state laws.

Facing Manslaughter Charges in Virginia? Talk to an Attorney

All crimes against the person are serious and carry severe penalties. If you’re facing criminal charges in Virginia, be they felony or misdemeanor, it’s best to consult an experienced criminal defense attorney. A criminal defense lawyer will craft a strong defense strategy and work hard to gain an acquittal.