There's nothing more serious than when someone takes another person's life. It's usually called a homicide in the criminal laws. However, while all homicides are equally tragic, they're not treated equally when it comes to charging someone for the crime.

Some homicides may be intentional and others may be accidental. This makes a big difference in the sentence or punishment for the convicted criminal. How the homicide is treated depends a lot on the the accused's intent and the factors involved in the crime.

Murder vs. Manslaughter

Although state homicide laws are different when it comes to terms and definitions, murder usually is the unlawful taking of another life with intent or with a depraved indifference to human life. Many murders are planned and premeditated. Society has chosen to give the harshest punishments to criminals who commit murder. This may be a long prison sentence or even death.

Manslaughter is the unlawful taking of another life under circumstances that make the criminal less culpable or blameworthy than someone who commits murder. Manslaughter almost always carries a lesser punishment than murder.

Manslaughter is usually divided into two types:

  • Voluntary manslaughter
  • Involuntary manslaughter

Voluntary Manslaughter

Voluntary manslaughter is the taking of another life with the intent to kill or cause serious physical injury. This type of manslaughter is very similar to murder. However, the circumstances of the killing may make it a lesser crime than murder. Two common circumstances that may reduce murder to voluntary manslaughter include:

  • Adequate provocation
  • Imperfect self-defense

Adequate Provocation

Adequate provocation is an action by the victim that provokes the accused criminal to commit the homicide. This homicide is a killing that occurs in the heat of passion.

A common example of a heat of passion killing is when a spouse unexpectedly catches the other spouse in bed with the victim. The spouse didn't plan the homicide, but rather only reacted to the situation.

Imperfect Self-Defense

Imperfect self-defense occurs when a person uses unreasonable force to prevent being seriously injured or killed by the victim. Everyone is entitled to use self-defense to protect themselves. However, it's against the law to use force that's unnecessary or unreasonable.

For example, it's unreasonable for someone to use a deadly weapon and kill a victim when the victim wasn't using deadly force.

Involuntary Manslaughter

Involuntary manslaughter is the unintentional killing of another person. The death is usually caused by the accused's carelessness.

Involuntary manslaughter is considered a lesser form of manslaughter because of the lack of intent - the accused never meant to kill the victim. So, the punishment is usually not as severe as a sentence for murder or voluntary manslaughter.

Types of Unintentional Killings

There are countless situations where a victim may be killed unintentionally by another. Involuntary manslaughter is usually divided into two categories:

  • Unlawful act manslaughter
  • Criminally negligent manslaughter

Unlawful act manslaughter is the unintentional killing of another while doing something that's unlawful or dangerous. The unlawful act is usually a lower level crime, such as a misdemeanor. For example, a driver who runs a red light and and then strikes and kills a pedestrian may be charged with unlawful act manslaughter.

This is different than felony murder. A felony murder is when a person is killed during the commission of a felony.

Criminally negligent manslaughter is the unintentional killing of another due to serious negligence or recklessness. This occurs when a person doesn't perform a duty owned to another, which leads to death.

For example, parents have a duty to protect and care for their children. When a child dies of malnutrition or lack of medical care, it's possible one or both parents may be charged with criminally negligent manslaughter.

Vehicular Manslaughter

Vehicular manslaughter  is the unintentional killing of another due to negligence while driving. States differ as to whether this is a separate type of manslaughter or if falls under involuntary manslaughter. Most states treat this crime as a lesser form of manslaughter.

One of the most common reasons a person is charged with vehicular manslaughter is when a victim dies because the accused was driving under the influence of alcohol or drugs. Even though the driver didn't intend to kill anyone, the driver's carelessness put everyone at risk of serious injury or worse. Some states have a specifically named intoxication manslaughter crime for these situations.

The vast majority of us don't need to be reminded that taking another person's life is the ultimate crime. But sometimes we need reminders that our emotions or carelessness can lead to someone else's death. When that happens, the law is there to make sure accused learns that lesson and that the victim's rights are vindicated.

Questions for Your Attorney

  • If I get into a fight while intoxicated that leads to someone getting killed, will I be charged with murder or manslaughter? If manslaughter, will it be voluntary or involuntary?
  • Will I be charged with a crime if I kill someone with a choke hold while protecting my family? What if I use a deadly weapon and the other person is unarmed?
  • Could I be charged with involuntary manslaughter for the death of my child if I withhold medical treatment from him for religious reasons?