Manslaughter is a crime that is generally considered to be separate and distinct from murder. Most U.S. Jurisdictions divided manslaughter into two categories; voluntary and involuntary. However a few states have created three categories. For example, California has three criminal classifications for voluntary, involuntary, and manslaughter in the driving of a motor vehicle.
Reasons for Manslaughter vs. Murder Conviction
In criminal law, some reasons given for a manslaughter convictions rather than a murder conviction include:
- The victim may have provoked the killing; or his or her unlawful conduct set into motion a chain of events that resulted in the killing.
- The killings are not bad enough to be charged as murder; but the criminal conduct should be punished.
- In some cases, the jury cannot unanimously agree on a finding of murder and compromise for a manslaughter conviction.
Unlawful Force in Self-Defense Charged as Manslaughter
Homicide in a “perfect self-defense” is either justifiable or excusable, and carries no criminal liability. Perfect self-defense requires that the killer not only subjectively believes that his or her conduct was necessary and reasonable, but that, by objective standards, it was lawful and complied with the requirements of the law.
In imperfect self-defense, the killer subjectively believes that his or her conduct was necessary. But if the killing was done with excessive or unnecessary force, it is unlawful. An unnecessary killing in self defense, in defense of another, or to prevent or terminate a felony of violence could be imperfect
Involuntary Manslaughter
Involuntary Manslaughter sometimes called unintentional or unlawful act manslaughter is often charged when extreme negligence or wanton or reckless conduct by the defendant brings about an unintended or accidental death. In some of these instances, the defendant is committing a misdemeanor or other minor offense.
Manslaughter Lawyer
If you have been charged with manslaughter, it’s important to contact an experienced criminal attorney who can help protect your legal rights and is familiar with your states laws.
