Involuntary Manslaughter Laws
Involuntary manslaughter is less serious than murder. It involves a lower degree of culpability by a defendant. Correspondingly, it may be easier to prove than a murder charge. Prosecutors sometimes charge involuntary manslaughter when they feel that a case is not strong enough to get a murder conviction. They also may reach a plea bargain with a defendant in which they plead guilty to involuntary manslaughter in exchange for avoiding a murder charge. Still, anyone charged with involuntary manslaughter should leave no stone unturned in building a defense. A conviction could result in years or even decades in prison.
What Is Involuntary Manslaughter?
Involuntary manslaughter generally occurs when someone unintentionally causes another person's death. It's a less serious form of homicide than murder.
Elements of Involuntary Manslaughter
Involuntary manslaughter involves an unlawful but unintentional killing of another person. To get a conviction, a prosecutor usually must prove that the defendant acted with negligence or recklessness in causing the death. However, extreme recklessness that shows an indifference to human life may support a murder charge instead.
Negligence in an involuntary manslaughter prosecution often denotes greater culpability than negligence in a civil case. Criminal negligence tends to involve a significant deviation from the standard of care that a reasonable person would have met. The line between recklessness and negligence thus blurs easily. Courts sometimes describe recklessness as consciously disregarding a risk and negligence as unreasonably failing to recognize a risk. But the definitions of these terms vary, and the difference is not always meaningful.
Involuntary manslaughter also may be charged in some jurisdictions when a death occurs during the commission of a misdemeanor. This parallels the felony murder rule, which provides for a murder charge when a death occurs during a felony.
Examples of Involuntary Manslaughter
To understand what involuntary manslaughter might look like, consider a construction foreman who orders his crew to dismantle scaffolding without ensuring proper safety measures, despite being aware of strong winds. As a result, a piece of the scaffolding falls and strikes a pedestrian below, causing fatal injuries.
Involuntary manslaughter also may occur when a defendant failed to do something that they should have done, and this caused someone else’s death. For example, a daycare worker leaves a toddler unattended near a swimming pool despite knowing that they cannot swim. The toddler accidentally falls into the pool and drowns. The worker's negligence in failing to supervise the child might support an involuntary manslaughter charge.
(Note that definitions of involuntary manslaughter vary by state, and these examples may not necessarily meet the definition in every state. They only serve general illustrative purposes.)
Offenses Related to Involuntary Manslaughter
Some other homicide charges that may arise from events similar to those resulting in an involuntary manslaughter charge include:
- First-degree murder: generally an intentional homicide committed with premeditation
- Second-degree murder: an intentional homicide without premeditation (or potentially a homicide involving extreme recklessness)
- Voluntary manslaughter: a homicide committed in a “heat of passion” due to a severe provocation
- Vehicular homicide: unintentional homicide involving the operation of a vehicle, which traditionally might have supported an involuntary manslaughter charge
Defenses to Involuntary Manslaughter
In some cases, a defendant charged with involuntary manslaughter might argue that they acted in self-defense. This means that they had a reasonable fear that someone else was about to use force, and their actions were proportionate to the threatened force. In other situations, a defendant might argue that they did not deviate from the standard of care required by the statute. Or they might acknowledge that their actions were negligent but claim that they did not cause the death.
A defendant also might avoid a conviction by showing that the charge arose from a false accusation (or an honest mistake in identity) or that they have an alibi. This means that they could not have committed the crime because they were somewhere else when it happened. Procedural violations, such as improperly obtained evidence, also might defeat a charge.
While a defendant facing a murder charge might argue a lack of intent, this defense will not defeat an involuntary manslaughter charge because this crime does not require intent.
Penalties for Involuntary Manslaughter
States usually classify involuntary manslaughter as a felony, although some states have made it a serious misdemeanor. A defendant likely can expect at least some time in jail or prison, even if they are a first-time offender. Here are some examples of sentencing ranges:
- California: 2, 3, or 4 years
- Florida: Up to 15 years
- Illinois: 2-5 years
- New York: Minimum term of 1-5 years for "second-degree manslaughter" (involves recklessness), but minimum term of 1-1.33 years for "criminally negligent homicide"
- Pennsylvania: Generally up to 5 years
- Texas: 2-20 years for “manslaughter” (involves recklessness), but 180 days-2 years for “criminally negligent homicide”
- Washington: Up to life imprisonment (if reckless); up to 10 years (if criminally negligent)
A sentence may increase if the defendant has prior convictions or if other statutory aggravating factors are present. A conviction also may lead to collateral consequences upon release, such as challenges in getting a job or housing.
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