The Difference Between Voluntary vs Involuntary Manslaughter

Manslaughter is a very serious crime that occurs when someone kills another person without the intention to do so. But not all manslaughter charges are the same. In fact, there are two main types of manslaughter—voluntary and involuntary—and they carry different penalties under the law. Let's take a look at what sets these two types of manslaughter apart and how a criminal defense lawyer can defend against them.

According to Cornell Law School, manslaughter is an (unlawful) act of killing another person without premeditation—meaning the killer did not plan ahead to kill and acted spontaneously. Killing with intent or premeditation would be considered murder, which carries a much harsher penalty than manslaughter does.

A reasonable person would agree that the difference between a murder and manslaughter is very thin in some cases. But it's important to remember that intent plays an important role in how the law perceives any given crime.

As we have mentioned, murder and manslaughter are two distinct charges. Murder is defined as killing with intent or premeditation, such as planning a murder in advance or following through with deadly actions after deciding to kill someone else. Manslaughter, on the other hand, is not premeditated and usually occurs due to an act of recklessness or negligence.

Now that we have a general understanding of manslaughter, you must know that there are two types of manslaughter: voluntary and involuntary.

The Model Penal Code outlines two types of manslaughter: reckless homicide and killing in a sudden passion, also known as involuntary and voluntary manslaughter.

Voluntary manslaughter occurs when someone intentionally kills another person during a heated moment or in the heat of passion. This type of killing usually involves an element of provocation, such as a fight or argument that escalated quickly. Because voluntary manslaughter involves an intentional act, it is considered to be more serious than involuntary manslaughter and carries harsher punishments.

This usually involves a fight between two individuals that gets out of hand quickly or a passionate crime in which one person kills another after a period of emotional distress. Voluntary manslaughter typically carries a sentence of 5 to 15 years in prison, depending on the state.

In contrast, involuntary manslaughter occurs when someone unintentionally kills another person due to carelessness or negligence. This type of killing typically involves some form of reckless behavior or criminal negligence on the part of the accused party, such as drunk driving or operating machinery in an unsafe manner. While these acts may not have been done with malicious intent, they can still lead to severe criminal penalties if found guilty of involuntary manslaughter.

Depending on the state, involuntary manslaughter may be punishable by up to 10 years in prison. However, some states also have a lighter sentence for this type of killing, such as no time in prison or probation with community service.

Unlike the majority of other states, in Texas there are no distinctions between voluntary and involuntary manslaughter.  The state of Texas does not differentiate between the two and considers all types of manslaughter to be the same crime. Therefore, any person who kills another without intent or premeditation can face criminal charges for manslaughter in Texas. The penalty for this crime is typically a prison sentence ranging from 2 to 20 years depending on the severity of the offense.

Texas Penal Code recognizes "intoxication manslaughter" as a more specific type of crime. This applies when someone operates a vehicle while intoxicated and causes the death of another person, resulting in criminal charges for intoxication manslaughter. The penalty for this crime is usually 2 to 20 years in prison with the possibility of additional fines up to $10,000 or community service depending on the circumstances.

When a firefighter or emergency services personnel member is the victim of intoxication manslaughter, it may be charged as a first-degree felony worthy of five to ninety-nine years in prison with an accompanying fine up to $10,000. This particularly applies if there are previous related convictions involved.

Same for “vehicular manslaughter” which applies when someone operates a vehicle in an unsafe manner and causes the death of another person, or a vehicular homicide but  without the criminal negligence aspect involved. A person charged with vehicular manslaughter can face a sentence of up to 20 years in prison, depending on their prior record and the severity of their offense.

The penalties for manslaughter vary greatly from state to state and depend on many factors such as intent, premeditation, or any extenuating circumstances such as how the defendant acted, whether this was an intentional killing or if the person has been charged with involuntary manslaughter before.

It's important to note that manslaughter charges are very serious and should not be taken lightly. If you or someone you know has been charged with manslaughter, it is highly recommended that you seek legal counsel right away to ensure your rights and interests are properly protected.

The consequences of being convicted of manslaughter in Texas can be severe, but there are also some cases where mitigated sentencing may be available. Depending on the circumstances of your case, your attorney may be able to negotiate for lesser charges or penalties such as probation, community service, or restitution in addition to any jail time. It's important to speak with a knowledgeable Texas criminal defense attorney who can work with you to secure the best possible outcome for your charges.

No matter which type of manslaughter charge you face, it's important to speak with a qualified attorney who can help you understand your legal options and develop an effective defense strategy for your case. Voluntary and involuntary manslaughter are both serious crimes with potentially life-altering consequences, so it's essential to take action quickly if you find yourself facing either charge. With the right legal representation by your side, you may be able to reduce your charges or avoid conviction altogether.

At the Law Office of Rolando Cantu, we understand the seriousness of manslaughter charges and are dedicated to helping our clients fight for their rights. Our experienced criminal defense attorney have a wealth of knowledge and experience in handling these types of cases, so he can provide you with the strong legal representation needed to protect your freedom and get you the best possible outcome.

If you or someone you know is facing manslaughter charges, don't wait another minute to get the legal representation you need. Rolando Cantu is committed to helping our clients fight for their rights and achieve the best result possible. Contact us today to speak with a qualified attorney and get the legal help you need.