Washington Manslaughter Laws

Homicide is the killing of a person by another human being. It becomes murder under the law based on the killer’s intent and the presence of deliberation or premeditation. When someone kills another person due to carelessness or negligence but without intent or planning, they are charged with manslaughter.

The state of Washington has two levels of manslaughter: first- and second-degree manslaughter. In both types, the defendant had no intention of causing a death. The distinction comes from the defendant’s awareness of whether death was a likely outcome of their actions.

Washington Manslaughter Laws

In Washington, murder requires an intent to cause the death of another human being. Manslaughter only requires causing the death of another person, by being reckless or criminally negligent, as defined by the statute.

First-Degree Manslaughter

A person commits first-degree manslaughter when they recklessly cause the death of a person. First-degree manslaughter involves a death that occurs during the performance of an act performed in a reckless manner. Discharging a firearm into a building without knowing if it is occupied could lead to a first-degree manslaughter charge.

Intentionally injuring a pregnant woman to cause the death of her unborn child is also first-degree manslaughter. This does not apply to legally obtained abortions.

Second-Degree Manslaughter

Second-degree manslaughter is also known as criminal negligence. This means that the defendant failed to be aware of a substantial risk that death may occur, and to recognize this risk was a serious deviation from how a reasonable person would act in a similar situation.

In general, the difference between first-degree and second-degree manslaughter is the defendant’s awareness of the risk that death could result from their actions. A person is reckless when they are aware of and disregard a substantial risk that death may occur, one that a reasonable person would not disregard. A person is criminally negligent when they fail to be aware of a substantial risk that death may occur, and the failure to exercise care grossly deviates from what a reasonable person would.

Penalties

Manslaughter is a felony in Washington. It does not usually receive the same penalties as an intentional killing, but like all homicide charges, penalties are severe.

Manslaughter in the first degree is a Class A felony. Defendants face up to life imprisonment, a fine of up to $50,000, or both. A typical sentence for a first offender without aggravating factors is between six to eight years in prison.

Manslaughter in the second degree is a Class B felony. Defendants can receive up to 10 years imprisonment, a fine of up to $20,000, or both. A typical sentence for a first offender without aggravating factors is between 21 and 27 months.

Aggravating Factors

Unlike first-degree murder, manslaughter charges do not have specified aggravating factors. However, prosecutors can request an enhanced sentence if the offense had aggravating factors. In a manslaughter case, factors can include:

• A prior history of similar crimes
• Extreme recklessness or careless behavior
• The victim was a child, an elderly person, or a dependent adult
• The defendant displayed no remorse or responsibility for their actions

In some cases, such as DUI offenses, Washington state has increased penalties for repeat offenders.

Defenses

Because Washington law excludes intentional killing from manslaughter, many homicide defenses may not apply. A criminal defense lawyer can advise a defendant on the best course of action in their specific case. Common defenses for manslaughter may include:

• Self-defense: Known as “justifiable homicide,” Washington’s laws allow the intentional use of force, including lethal force, against another person in defense of yourself, other people, or your home. Because of the unintentional nature of manslaughter, using lawful force that results in unintentionally killing another person would be categorized as excusable homicide.
• Excusable homicide: This applies to an unintended death, such as an accident, without extreme recklessness or criminal negligence. It’s difficult to successfully apply in cases with aggravating factors, such as a DUI or a criminal history.
• Procedural defense: The prosecution must prove a manslaughter case beyond a reasonable doubt. Challenging the evidence, the arrest, or other procedural components is a common legal strategy.

Other possible defenses are available. The details of each case will determine which defense might be used.

Vehicular Homicide

Vehicular homicide is a separate charge under Washington state law. A driver can face criminal charges for a death:

• Caused by reckless driving
• Caused by a DUI or DWI
• Driving with disregard for the safety of others

The state can file vehicular homicide charges if the victim’s death occurs within three years of the original accident and is due to injuries caused by that motor vehicle accident.

Vehicular homicide is a Class A felony. Defendants can face up to life imprisonment, although a first-time offender may only receive between 78 and 102 months (six to eight years) for a DUI-related homicide. The state adds two additional years for each previous DUI offense without a homicide charge.

Washington Manslaughter Laws: Related Resources

For more information and resources related to this topic, please visit the links below.

• Washington Criminal Laws
• Washington Criminal Statute of Limitations
• Homicide
• States That Have Stand Your Ground Laws

Get Legal Advice From a Washington Criminal Defense Attorney

Anyone facing homicide charges needs legal representation. These are the most serious charges someone can face, and legal help is essential. If you have been charged with manslaughter or murder in Washington, contact a Washington criminal defense attorney for legal assistance.