West Virginia Manslaughter Laws

Whenever someone kills another human being, they face the possibility of homicide charges. The question is whether the state will charge them with murder or manslaughter. A conviction of either crime involves almost definite jail time and hefty fines.

Every state defines the crime of manslaughter in its own way. Depending on your jurisdiction, a manslaughter conviction may result in a lengthy prison term, heavy fines, and other criminal charges. For example, if the state files manslaughter charges against you, they may also face charges for DUI or reckless driving. It all depends on the facts of your case.

Here, we’ll explain West Virginia’s manslaughter laws, including the state’s legal definition of the crime and penalties. If you’re facing criminal charges, contact an experienced West Virginia criminal defense attorney. They can explain your options under the state’s criminal code, negotiate with prosecutors, and protect your constitutional rights.

Legal Definition of Manslaughter in West Virginia

The West Virginia Code defines the crime of manslaughter as the unlawful killing of another person without malice. This distinguishes manslaughter from crimes like first-degree murder that involve malice or “malice aforethought.”

To compare, first-degree murder is the intentional killing of another human being through a willful, deliberate, and premeditated act. This crime requires that the defendant exhibit the intent to kill, a reckless disregard for human life, or an evil motive.

While manslaughter is much more serious than a misdemeanor, it is not quite as severe as murder. The crime of manslaughter itself is a felony. However, many manslaughter cases involve a defendant who causes the death of another person while engaging in a lesser crime, such as DUI, reckless driving, or criminal negligence.

Voluntary vs. Involuntary Manslaughter

West Virginia law divides the crime of manslaughter between voluntary manslaughter and involuntary manslaughter. However, the state’s criminal statutes don’t specifically define voluntary or involuntary manslaughter. Instead, the courts have developed the essential elements through caselaw.

Generally speaking, voluntary manslaughter is a killing that occurs in the heat of passion with great provocation and without malice.

A typical example is when a person comes home to find their spouse cheating on them. In the heat of passion and with extreme anger, the defendant takes out a knife and kills their spouse.

If the state charges this defendant with murder, the defendant’s criminal defense lawyer will ask the judge to reduce the charges to voluntary manslaughter.

Conversely, involuntary manslaughter is a killing that occurs through reckless behavior or from criminal negligence.

An example of involuntary manslaughter would be a scuba instructor who leads his beginner diving class to an area he knows is full of hungry sharks. One of the students ends up being eaten alive. The court may charge the instructor with involuntary manslaughter, arguing that they acted recklessly or with criminal negligence.

West Virginia Voluntary Manslaughter Law at a Glance

Many people who face criminal charges seek legal advice because state statutes can be difficult to read. The following table outlines West Virginia’s voluntary manslaughter law in plain English.

A Skilled West Virginia Criminal Defense Attorney Can Help

Although manslaughter is not as severe as murder, you should not take these charges lightly. If you’re facing manslaughter charges, contact an experienced West Virginia criminal defense attorney for legal advice.