What is Manslaughter
Manslaughter is defined as the, “unlawful killing of a human being without malice.” While manslaughter is generally not as serious of a crime as murder, the consequences are severe if convicted.
The Difference Between Manslaughter and Murder
The difference between manslaughter and murder is the intent. If it can be proven someone has been planning to take someone’s life, they will be charged with murder. However if there was no planning or, aforethought, then the individual will be charged with manslaughter. Within the charge of manslaughter there are three different categories.
Different Types of Manslaughter
- Voluntary Manslaughter
- Voluntary manslaughter is described as the crime of killing a person, in which the circumstances of the crime did not add up to murder. This could be the case if an individual takes someone’s life without premeditation. In the situation where a person kills another person, the case is generally tried as a murder. However, a common defense to a murder charge is pleading guilty to voluntary manslaughter, because the punishment is much less severe. The punishment for voluntary manslaughter is 3-11 years in prison, as opposed to a life sentence if convicted of murder.
- Involuntary Manslaughter
- Involuntary manslaughter is defined as the unintentional killing of another person due to negligence or recklessness. An example of this could be the accidental killing of another person while driving under the influence of alcohol. This is a serious crime, but because there was no intent, the punishment is less severe. If convicted of involuntary manslaughter, the punishment could be 2-4 years in prison.
- Vehicular Manslaughter
- Vehicular manslaughter is defined as the unintentional killing of another person with a vehicle. This could be caused by a traffic violation or a reckless driving accident. The accident may have been caused by:
- Speeding
- Texting or talking on your phone without using a hands-free device
- Driving dangerously or recklessly, resulting in a death
- Ignoring a crosswalk and killing a pedestrian
- The punishments for vehicular manslaughter can be anywhere from less than a year to 10 years in prison.
- Gross Vehicular Manslaughter
- Gross vehicular manslaughter can be a difficult charge to understand and defend without the help of an experienced criminal defense attorney. In order to prove an individual is guilty of gross vehicular manslaughter, two things must be proven.
- The individual in question was driving with gross negligence.
- The individual in question committed a traffic violation, which later caused an accident.
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Consequences of Manslaughter
The consequences of manslaughter can vary depending on the severity and the category of manslaughter. The punishments differ from less than one year to 11 years in prison.
Local Stories About Manslaughter
Photo credit: San Diego Union Tribune
An Ocean beach man was recently acquitted of murder and convicted of voluntary manslaughter. Thomas Francis Burke IV shot and killed his roommate’s boyfriend last year. Burke argued that he acted in self-defense, however, the prosecution argued that Burke was jealous and executed the victim. Burke is currently awaiting his sentence.
If you or a loved on has been accused of manslaughter, consult with an experience criminal defense attorney, to ensure your rights are protected.