There are multiple distinct classifications of homicide under state law. Murder is the most serious type of homicide offense. When the state has proof that a person intentionally caused the death of another, prosecutors may bring murder charges against the person accused.
To secure a murder conviction, prosecutors typically need evidence that not only connects an individual to the death but also shows that they intended to cause the other person to die. Sometimes, state prosecutors may pursue manslaughter charges instead when they do not have evidence affirming the intent to cause a death.
Both voluntary and involuntary manslaughter charges are an option under state statutes. What unique scenarios may warrant a voluntary manslaughter charge?
Voluntary manslaughter is a crime of passion
Involuntary manslaughter charges involve claims that recklessness or illegal activity unintentionally led to a person’s death. Impairment-related collisions can prompt involuntary manslaughter charges, for example.
Voluntary manslaughter charges often follow scenarios where there was an intent to cause harm, but that intent formed due to the sudden heat of passion, intentional provocation or mutual combat. For example, an argument that escalates into a physical altercation could lead to a claim of voluntary manslaughter.
Voluntary manslaughter is a less serious crime than murder, but it is still a felony offense that carries up to 10 years in prison. The details of the situation influence the best response to the pending charges.
Retaining the support of a criminal defense attorney is critical for anyone accused of a homicide offense, including a voluntary manslaughter charge related to a situation that suddenly spiraled out of control. An attorney can assess the state’s case and help a defendant evaluate their options, including negotiating a plea bargain or taking the case to trial.
