FREE Case Review (866) 588-0600

What is Involuntary Manslaughter? (Examples, Charges & Penalties)

Awards & recognition
C.L. Mike Schmidt Published by C.L. Mike Schmidt

Schmidt & Clark, LLP is not currently accepting these types of cases and has posted this content for information purposes only. We encourage you to seek a qualified attorney, if you feel you might have a case.


Facing involuntary manslaughter charges? The outcome of your case could hinge on understanding the key differences between criminal negligence and an accident.

A conviction could result in years behind bars, while a successful defense may lead to acquittal. Involuntary manslaughter often stems from recklessness or negligence, but courts carefully examine the circumstances to determine whether a death was accidental or criminal.

With over ten years of experience as a criminal defense lawyer, I’ve handled numerous involuntary manslaughter cases.

In this article, I’ll walk you through critical legal distinctions and real-world examples that highlight successful defenses.

Quick Summary

  • Involuntary manslaughter examples include texting while driving, workplace negligence, and medical malpractice.
  • Although involuntary manslaughter is not as harshly penalized as other types of homicide, it is still a serious crime.
  • Even businesses that fail to provide appropriate care may go on trial for corporate manslaughter charges.

What Is Involuntary Manslaughter?

Two people driving committing manslaughterAccording to CPSC, involuntary manslaughter is an unintentional killing without the intent to cause grave harm or death, typically due to recklessness or extreme carelessness [1]. 

Comprehending the legal variation between voluntary manslaughter and involuntary manslaughter necessitates understanding how the legislature outlines homicide.

For example, unlike involuntary killings, the state will evaluate a homicide, or the death of another person, depending on what occurred during that particular occasion. Certain states classify vehicular manslaughter as a distinct type of manslaughter.

Involuntary Manslaughter Examples

A driver getting pulled over for involuntary manslaughter

Involuntary manslaughter may be less severe than homicide, but it is still a serious crime.

Here are a few examples of unintentional killings that classify as involuntary manslaughter:

1. Killing someone while texting and driving a motor vehicle

  • Incident Details: In 2019, Sarah Johnson was driving on a busy highway in Texas when she rear-ended a stopped vehicle while reading a text message. The collision resulted in the death of the other driver, John Smith.
  • Defense Strategy: Johnson's attorneys argued that the crash was a tragic accident rather than criminal negligence. They emphasized her clean driving record, and her immediate remorse after the incident.
  • Outcome and Sentence: Johnson was convicted of involuntary manslaughter. She received a 5-year prison sentence, with 2 years suspended, and 200 hours of community service focused on distracted driving awareness.
  • Key Factors in Verdict: Cell phone records showing text activity at the time of the crash, eyewitness accounts of erratic driving, and the defendant's admission of distraction.

2. Killing someone while speeding or committing another traffic violation

  • Incident Details: In 2021, Mark Davis was caught speeding 30 mph over the limit in a school zone. He lost control of his vehicle and struck a crossing guard, resulting in her death.
  • Defense Strategy: Davis's lawyers argued that the school zone signs were not clearly visible and that he was unaware of entering a reduced speed area.
  • Outcome and Sentence: Davis was convicted of involuntary manslaughter. He was sentenced to 6 years in prison but was eligible for parole after serving 3 years.
  • Key Factors in Verdict: Speeding was confirmed by radar, but the absence of clear signage and Davis's lack of prior traffic violations played a role in the sentencing.

3. Killing someone due to reckless behavior while intoxicated

  • Incident Details: In 2018, Brian Lee, after a night of drinking, decided to drive home despite being severely intoxicated. While driving erratically, he crashed into a pedestrian on a crosswalk, killing her instantly.
  • Defense Strategy: Brian’s defense team argued that he did not intend to harm anyone and that he was unaware of his impaired state when making the decision to drive.
  • Outcome and Sentence: Brian was convicted of involuntary manslaughter. The court sentenced him to 4 years in prison, with eligibility for rehabilitation programs and early release after serving 2 years.
  • Key Factors in Verdict: Blood alcohol content (BAC) at the time of the accident, witness testimonies, and Brian's history of prior DUIs influenced the court's decision.

If you or someone close to you has been charged with involuntary manslaughter, a reliable criminal defense attorney from an esteemed law firm can assist.

3 Elements Of Involuntary Manslaughter

When determining if an individual is guilty of involuntary manslaughter due to their intentional and unlawful behavior, the court will consider several factors.

If it can be proven that the defendant committed a criminal act that led directly to another person's death, they may be found guilty in this instance. 

1. The Dangerousness Of The Act

Two drivers in a car screamingTo begin with, the court needs to determine whether or not the criminal activities carried out by the accused were dangerous.

When doing this assessment, they don't consider if the perpetrator realized it could be risky; instead, they look at and ask what any average person would recognize as a threat.

The jury must then decide if said action exposed someone else to potential harm - even just a "little" bit of danger.

The burden of proof: The prosecution must demonstrate that the act was dangerous and posed a risk of death or serious harm.

Common evidence types:

  • Expert testimony on the dangerousness of the act
  • Eyewitness statements describing how the act put others in danger
  • Incident reports or police findings showing the inherent risks

How prosecutors prove it:

  • Show that the defendant's actions created a substantial risk of harm
  • Use expert testimony to prove the act was objectively dangerous
  • Highlight any reckless behavior or disregard for others' safety

How defense attorneys challenge it:

  • Argue that the act was not inherently dangerous or was performed in a reasonable manner
  • Question the validity of expert testimony or other supporting evidence
  • Provide evidence showing the defendant had no intent to cause harm

2. Proof Of The Elements Of The Unlawful Act

To be convicted of involuntary manslaughter, it must be established that an unlawful or dangerous act occurred with the knowledge of wrongdoing. If true, you could face a guilty verdict for your actions.

3. Involuntary Manslaughter By Gross Negligence

Two lawyers talking to each other

In this scenario, the defendant acted with criminal negligence or recklessness.

The burden of proof: The prosecution must prove that the defendant acted with criminal negligence or recklessness, meaning their actions were a gross deviation from what a reasonable person would have done.

Common evidence types:

  • Defendant’s past behavior or history of similar actions
  • Witness accounts of the defendant’s state of mind or reckless conduct
  • Expert testimony on standard safety protocols

How prosecutors prove it:

  • Show that the defendant was aware of the risks but proceeded with their actions anyway
  • Establish that the defendant’s actions were far below the standard of care expected in the situation
  • Provide evidence of any prior behavior showing a pattern of negligence or recklessness

How defense attorneys challenge it:

  • Argue that the defendant was not aware of the risk or that they took reasonable precautions
  • Introduce evidence of the defendant’s good character or attempt to mitigate their behavior
  • Question the severity of the defendant’s actions compared to what is typically considered reckless or negligent

When someone owes a duty of care to another individual and then acts with such extreme negligence that it leads to the victim's death, they may be charged with involuntary manslaughter due to their criminal negligence.

The courts will examine the following criteria when determining guilt in this case:

  • The defendant had an obligation to show care and attention toward the victim.
  • The defendant neglected to fulfill their duty of care due to reckless behavior.
  • The breach was responsible for the end of human life.
  • The criminally negligent homicide was reprehensible, signifying a profound lack of consideration for the well-being and security of others, leading to another person's death.

If this evidence proves accurate, the defendant could be convicted of involuntary manslaughter charges. Businesses that fail to provide appropriate care may even go on trial for corporate manslaughter charges.

What Are The Penalties For Involuntary Manslaughter? 

A person in court getting penalized for involuntary manslaughter

The penalties for involuntary manslaughter include a fine, probation, or jail time.

The length of the prison sentence for involuntary manslaughter can vary depending on which state it occurred in, what kind of manslaughter took place, and any aggravating or mitigating factors that are taken into account.

For example, in the state of California, repercussions for involuntary manslaughter are as follows:

  • A prison sentence of up to 4 years.
  • Fines up to $10,000.
  • According to California's Three Strikes Law, if a killing is completed with an item that may be deemed dangerous or lethal - such as a gun - it will result in the offender receiving one strike [2].

Homicide due to criminal negligence is involuntary manslaughter, a lesser charge than voluntary manslaughter
- Ron Scott, Licensed Attorney Counsel

Common Defenses For Involuntary Manslaughter

A lawyer teaching defenses for involuntary manslaughterIn manslaughter cases, the defendant may use either an affirmative or negative legal defense.

If their innocence is genuine, we could demonstrate that they were wrongly accused due to mistaken identity or provide evidence of a valid alibi.

Self-defense is a legitimate claim we can make in court, mainly when the defendant acted out of fear or necessity to protect themselves from a deadly weapon.

In certain situations, we can challenge the credibility of the evidence presented against our clients, spotlight any holes in the prosecution's case, and demonstrate that our client was unjustly accused or apprehended.

Being charged with involuntary manslaughter can be overwhelming, and how you respond early on can influence the outcome of your case.

It’s crucial to understand the legal process and take immediate steps to protect your rights.

This section outlines the key actions after being charged, including securing legal representation and safeguarding your well-being during this challenging time.

First Steps After Being Charged

If charged with involuntary manslaughter:

  1. Remain silent and only speak to your lawyer about the case
  2. Hire an experienced criminal defense attorney immediately
  3. Avoid discussing the incident on social media
  4. Follow your lawyer's advice about the legal process and defense strategies
  5. Seek emotional support from family and friends

Evidence Collection and Preservation

Key evidence in involuntary manslaughter cases may include:

  • Physical evidence from the scene
  • Witness statements
  • Medical examiner reports
  • Surveillance footage
  • Toxicology reports

Your defense team should work quickly to preserve any relevant evidence before it's lost or destroyed.

Working with Expert Witnesses

Expert witnesses can be crucial in involuntary manslaughter cases. Common types include:

  • Forensic experts (analyze physical evidence)
  • Psychiatrists/psychologists (assess mental state)
  • Pathologists (examine cause of death)
  • Accident reconstruction specialists

These experts can help challenge the prosecution's narrative and provide alternative explanations for the incident.

Civil vs Criminal Proceedings

Involuntary manslaughter is a criminal charge, but the incident may also lead to civil lawsuits.

Here are the key differences between the two types of proceedings:

  • Criminal cases: The case is brought by the state against the defendant. The prosecution must prove the defendant’s guilt beyond a reasonable doubt. A conviction can result in imprisonment, fines, or other penalties.
  • Civil cases: Victims' families can file a lawsuit against the defendant for damages. The burden of proof is lower than in criminal cases, with the plaintiff only needing to show that it is more likely than not that the defendant’s actions caused harm. Civil cases may result in monetary compensation for the victim’s family, but no criminal penalties.

Related Articles:

See all related product liability lawsuits our lawyers covered so far.

FAQs

How Is Involuntary Manslaughter Different From Voluntary Manslaughter?

Involuntary manslaughter is different from voluntary manslaughter in that the killing was unintentional. Involuntary manslaughter is an accidental death, whereas a voluntary one involves intentional killing without premeditation or malice. If the crime were carefully planned out in advance, then it would be deemed murder.

Is Involuntary Manslaughter A Felony Offense?

Yes, involuntary manslaughter is a felony offense. Furthermore, defendants could face a maximum fine of ten thousand dollars. Civil claims in wrongful death suits may be brought against the defendant alongside criminal charges.

What Is Heat Of Passion?

The heat of passion is the phrase we use to describe an intense and uncontrollable emotion that any reasonable person can feel in a highly charged situation, and that is usually found in voluntary manslaughter. 

Contact A Criminal Defense Attorney Today

No two manslaughter cases are alike, so the best defense for you depends on your particular circumstances. Suppose you're facing a possible charge of manslaughter.

In that case, Schmidt & Clark, LLP is here to help—we offer free consultations with one of our experienced criminal defense attorneys who can advise you about the details and potential outcomes of your involuntary manslaughter case.


References:

  1. https://www.cps.gov.uk/legal-guidance/homicide-murder-and-manslaughter
  2. https://www.courts.ca.gov/documents/Three-Strikes-Amendment-Couzens-Bigelow.pdf