Because manslaughter involves the killing of another person, Virginia imposes strong penalties to those convicted of it. The difference between manslaughter and murder is that murder involves malice and planning, while manslaughter is intentional or reckless, but no malice directs the actions.
If you are charged with killing another, it is imperative that you contact a Virginia manslaughter lawyer to defend you. Our reliable criminal defense attorneys will listen closely to you, investigate your case, pour over evidence, and discuss the best defense for your situation.
Voluntary manslaughter is an intentional killing that often occurs when the perpetrator gets into a fight, and acts for self-protection or is provoked into a crime of passion. There is no initial intention to act with malice towards a person, but a scenario strongly provokes the reaction.
Involuntary manslaughter occurs when a killing is accidental, and there is no intention to harm anyone. The perpetrator is either committing an illegal act or committing a legal one recklessly enough to cause a death. For instance, under the Code of Virginia § 18.3-36-1, driving under the influence of alcohol is illegal, and if an inebriated motorist crashes and kills another person, involuntary manslaughter has likely been committed.
If that same driver is not drunk but has forgotten to take certain medicine and they crash into another person after having a medical episode, the charge is still involuntary manslaughter because driving is legal but was performed recklessly by not taking the needed medicine. Our Virginia attorneys will inspect all aspects of your manslaughter charge and try to mitigate penalties with a strong defense.
The penalties for voluntary and involuntary manslaughter are similar, with leeway for mitigating and aggravating factors. Both voluntary and involuntary manslaughter are Class 5 felonies with a maximum penalty of 10 years in prison and a fine of $2,500. The judge has some discretion and can reduce a sentence to as little as a year imprisonment in county jail.
If the involuntary manslaughter charge stems from driving under the influence, a conviction will lead to incarceration, fines, but also a license suspension and lengthy DUI probation.
If the perpetrator of an involuntary manslaughter is shown to have highly disregarded human life, the charge can be raised to aggravated manslaughter, which is also a Class 5 felony but with punishment doubled up to 20 years in prison, and with at least two mandatory years of incarceration.
Those accused of any crime have the right to a credible defense presented by an experienced attorney. Some defenses that are more common in manslaughter cases include:
This list of defenses is not exhaustive. Sometimes, an accused person’s constitutional rights are violated during a search or arrest. A good defense is crafted according to the individual facts and legal circumstances that a Virginia manslaughter attorney can provide.
Manslaughter can be voluntary or involuntary, but the penalties are similar whether the charges involve intent with no malice (as in a crime of passion or a sudden altercation) or an accident based on reckless or illegal behavior. Charges are serious and you will need immediate assistance to combat them.
Price Benowitz allocates a team’s efforts toward every case we handle, from attorneys to support staff to expert witnesses. We take the time to understand your case and how we can best help you. If you have been arrested, or a warrant has been issued, do not hesitate to call a Virginia manslaughter lawyer now.
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