Murder and manslaughter are the two main forms of homicide prosecuted in Virginia. If one person does something that causes the death of another, they could potentially face homicide charges.
State prosecutors may pursue manslaughter charges in scenarios where the situation does not meet the standard necessary for a murder charge. The law subdivides manslaughter into voluntary and involuntary manslaughter, with involuntary manslaughter often being the least serious allegation in a homicide situation. Manslaughter is a Class 5 felony.
What scenarios might lead to involuntary manslaughter charges?
Causing death while committing a non-felonious crime
The criminal decisions that people make can have major repercussions for others. Those engaging in a non-felony criminal act may not actually intend to harm others. However, harm could very well be the collateral consequence of their choices.
If people unintentionally cause the death of others during the commission of a non-felony criminal offense, the state may pursue involuntary manslaughter charges. An accidental death during a felony offense could lead to felony murder charges instead.
Causing fatalities through negligence
The other scenario that may lead to involuntary manslaughter charges involves unsafe behavior while performing a legal act. Causing a deadly car crash might lead to an involuntary manslaughter charge in some cases, for example. If a person engages in legal behavior but does so in a manner that is dangerous and negligent, the state may be able to prosecute them.
Those accused of manslaughter and other serious felony charges can sometimes minimize their long-term consequences by developing a thorough defense strategy. Working with an attorney can make a major difference for those accused of involuntary manslaughter and other major felonies accordingly.
