Murder is the most serious homicide charge. However, not every situation where a person faces charges for causing the death of another involves intentionally killing another person. There are scenarios in which the state might pursue manslaughter charges instead of murder charges.
There are two distinct categories of manslaughter charges that carry specific penalties. Georgia state prosecutors can potentially accuse an individual of either involuntary manslaughter or voluntary manslaughter. Understanding the distinction can help defendants effectively respond to charges.
Involuntary manslaughter is accidental
Individuals accused of involuntary manslaughter caused the death of another person through inappropriate behavior. However, their intent was not to cause death. Involuntary manslaughter may involve allegations of committing a misdemeanor unlawful act that results in a tragedy or claims that a person engaged in a lawful act in an inappropriate or unlawful manner that other people recognize as likely to cause harm to others.
Voluntary manslaughter involves overwhelming emotions
Some people refer to voluntary manslaughter as “heat of passion” crimes. Individuals may lose their capacity to rationally consider the consequences of their actions in certain circumstances. If a sudden and overwhelming emotional response led to a homicide, prosecutors may pursue voluntary manslaughter charges instead of murder charges against that person.
Involuntary manslaughter can lead to between one and 10 years in prison and could constitute a misdemeanor or felony offense. Voluntary manslaughter is typically a felony offense that can carry between one and 20 years in prison.
Anyone facing charges related to crimes against a person may need assistance understanding the law and their potential defense options. The right strategy can help defendants avoid a conviction or minimize the penalties imposed. Reviewing the state’s allegations with an attorney can be a smart first move after an arrest for manslaughter accordingly.