Many of the most serious charges prosecuted in Virginia specifically relate to violence against other people. Police officers can arrest anyone accused of physically harming another person. The charges depend on the details of the incident, including the intent behind the encounter and the final outcome. If one of the parties involved in an incident dies, the other could face very serious charges.
Sometimes, state prosecutors bring murder charges. Other times, the party accused of causing the death of another person might face manslaughter charges. Virginia has both voluntary and involuntary manslaughter laws. Involuntary manslaughter relates to circumstances where people cause a death through negligent behavior like drunk driving.
What types of circumstances might lead to voluntary manslaughter charges in Virginia?
Voluntary manslaughter is a crime of passion
To many people, what the state treats as voluntary manslaughter might look like murder. After all, the defendant intended to cause physical harm to the other party involved in an incident. Premeditation is part of what separates voluntary manslaughter from homicide.
Typically, voluntary manslaughter involves a scenario in which someone reacts in an emotional manner to a difficult situation. Perhaps the most common scenario that leads to claims of voluntary manslaughter is when a fight that occurs through mutual agreement goes too far and one person inflicts fatal injuries on the other.
Similarly, scenarios in which one person attempts to defend themselves against the criminal intentions of another might result in the initial assailant dying. If reasonable people might agree that someone used too much force in self-defense, the state might charge them with voluntary manslaughter.
Self-defense claims and a lack of capacity based on the defendant’s emotional state are among the most common defenses raised in response to voluntary manslaughter charges. The state does treat voluntary manslaughter as a Class 5 felony which can carry very serious penalties after a conviction or guilty plea. The penalties possible include between one and 10 years in prison and $2,500 in fines.
Reviewing the situation that led to charges with a skilled legal team can help the party accused determine their best option for fighting violent criminal charges. Voluntary manslaughter is a serious offense, but there are numerous defense strategies that could help the accused potentially avoid a conviction.
