Involuntary manslaughter is a criminal offense defined as the unintentional killing (homicide) of another person as a result of criminal negligence, recklessness, or during the commission of a misdemeanor (driving while intoxicated), infraction (speeding), or a felony crime that was not inherently dangerous. Involuntary manslaughter is usually a felony offense and often includes significant jail or prison time as potential punishment.
Involuntary manslaughter laws vary from state to state and are generally located in a state’s statutes—often in the penal or criminal code.
In Virginia, involuntary manslaughter is considered a type of homicide and is addressed under the state's criminal laws. It is defined as the unintentional killing of another person resulting from criminal negligence or recklessness, or during the commission of an unlawful act that is not a felony. In Virginia, involuntary manslaughter is typically classified as a Class 5 felony. The punishment for a Class 5 felony in Virginia can include a term of imprisonment ranging from one to ten years, and/or a fine of up to $2,500. If the involuntary manslaughter resulted from driving under the influence (DUI), it is treated with particular seriousness and may carry additional penalties specific to DUI-related offenses. As with all criminal matters, the specific circumstances of the case can greatly affect the charges and potential penalties, and an attorney can provide guidance on the nuances of the law as it applies to a particular situation.