The difference between involuntary and voluntary manslaughter

People who cause harm to others may be financially liable for that harm. In many cases, they could also be at risk of criminal prosecution. Particularly in scenarios where one person causes the death of another, the state may look at whether the situation warrants criminal prosecution.

If one person obviously caused another individual’s death through intentional actions, then the state may pursue murder charges. Even in scenarios where an incident may not constitute murder, the state may be able to pursue manslaughter charges. The maximum penalties for a manslaughter conviction include up to 20 years in state prison and $1,000 in fines.

Manslaughter allegations typically fall into one of two categories. State prosecutors can charge individuals with either voluntary or involuntary manslaughter. What separates these two serious crimes?

Voluntary manslaughter involves overwhelming emotions

People sometimes refer to voluntary manslaughter as a crime of passion. Usually, allegations of voluntary manslaughter arise when unusual circumstances push people past their emotional breaking point.

A fight with a business partner that results in one partner admitting embezzlement might lead to the other lashing out angrily. The partner learning about the embezzlement might strike or shove their partner, resulting in a brain injury.

If an altercation becomes violent and someone dies but there was no intent prior to the incident to cause harm, then the state may pursue voluntary manslaughter charges. A scenario involving mutual combat where two parties agree to a physical fight to resolve a disagreement could also result in voluntary manslaughter charges if one of the two people dies.

Involuntary manslaughter involves negligence

Most cases of involuntary manslaughter involve people making unsafe or dangerous choices. Someone inappropriately handling a dangerous weapon might unintentionally harm another person, leading to involuntary manslaughter charges.

Generally, the state has to show that reasonable people understand the risk inherent in the defendant’s actions. The state could bring involuntary manslaughter charges against a driver who engages in unsafe behavior on the road. Involuntary manslaughter charges could also be possible if one person causes the death of another unintentionally during the commission of another crime.

Individuals accused of manslaughter offenses may need help responding to avoid a conviction, and that’s understandable. Mounting a thorough defense strategy can help people avoid a permanent criminal record for a violent offense.