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 Georgia, manslaughter is categorized into two distinct offenses: voluntary manslaughter and involuntary manslaughter, as defined under the Official Code of Georgia Annotated (O.C.G.A.). Voluntary manslaughter (O.C.G.A. § 16-5-2) occurs when a person acts in the heat of passion resulting from a serious provocation, which might cause a reasonable person to act irrationally, and without malice aforethought. It is considered a felony and can result in a prison sentence of one to 20 years. Involuntary manslaughter, on the other hand, can be either misdemeanor or felony manslaughter, depending on the circumstances. Felony involuntary manslaughter (O.C.G.A. § 16-5-3) involves the unintentional killing of another person while committing an unlawful act other than a felony, or the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm, and is punishable by a prison term of one to 10 years. Misdemeanor involuntary manslaughter involves the unintentional killing of another person while committing a lawful act without due caution and circumspection, which may result in a sentence of up to one year in jail. Manslaughter charges in Georgia are serious felonies that carry significant penalties, including lengthy prison terms.