Manslaughter is the unlawful killing or homicide of a human being without the premeditation or malice (malice aforethought) required for the criminal offense of murder.
Many states have two types of manslaughter: (1) voluntary manslaughter—the defendant intended to kill the victim, but did so in self-defense, or in the heat of passion and without premeditation, or the defendant was insane and did not understand that the killing was wrong; and (2) involuntary manslaughter—the defendant negligently or recklessly caused the death of another person—such as when a person is intoxicated while operating a motor vehicle and causes an accident that results in the death of another person.
Some states do not have separate criminal offenses for voluntary and involuntary manslaughter—these states may have the offense of manslaughter and identify certain aggravating factors that may enhance the penalties upon a conviction for manslaughter.
Manslaughter is a felony offense and may be punished by a lengthy prison term. Manslaughter laws are generally located in a state's statutes—often in the penal or criminal code.
In Virginia, manslaughter is categorized into voluntary and involuntary manslaughter, aligning with the general distinction made in many states. Voluntary manslaughter in Virginia occurs when someone unlawfully kills another without malice aforethought, often in the heat of passion or during a sudden quarrel. Involuntary manslaughter, on the other hand, involves an unintentional killing resulting from a defendant's reckless or criminally negligent behavior, such as a fatal car accident caused by drunk driving. Both types of manslaughter are considered felonies in Virginia. The specific statutes governing manslaughter can be found in the Virginia Code under Title 18.2, which covers crimes and offenses generally. The penalties for manslaughter convictions in Virginia vary, with voluntary manslaughter carrying a potential sentence of up to 10 years in prison, while involuntary manslaughter can result in up to 10 years in prison as well, with certain circumstances allowing for different sentencing guidelines. An attorney can provide more detailed information on the potential penalties and defenses available for those charged with manslaughter in Virginia.