The Difference Between Voluntary and Involuntary Manslaughter

When facing manslaughter charges, the various details of your offense will determine whether or not it was voluntary or involuntary. Accordingly, the penalties you are sentenced to will depend on which type of charge you are convicted of. Voluntary and involuntary manslaughter charges render different outcomes in court, as they are two separate types of crimes.

Continue reading to learn the difference between voluntary and involuntary manslaughter, including what you should do if you or someone you love was just arrested for similar charges in Indiana.

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Voluntary Manslaughter

Many people correctly assume that voluntary manslaughter is murder. But what many do not realize is, voluntary manslaughter is just one type of murder. A killing can only be considered voluntary manslaughter when a person deliberately commits murder in the heat of the moment due to emotional excitement, before having time to calm down. Furthermore, the circumstances that caused the emotional excitement must be so anger-inducing that a reasonable person in the same situation would have acted the same way.

An example would be if an abused wife overreacts while defending herself and kills her abusive husband. Another common example would be the case of infidelity, such as walking in on a cheating spouse and shooting both them and their lover on the spot. However, if the person had enough time to calm down, and then still committed the crime, it would be charged as murder. Regardless of the circumstances, voluntary manslaughter is a serious crime of murder that comes with severe penalties.

Indiana Penalties for Voluntary Manslaughter:

➢ Level 2 Felony
➢ 10 to 30 Years in Prison
Fines Up to $10,000
*See Indiana Code Section 35-42-1-3 for details of this statute.

Involuntary Manslaughter

Also known as criminally negligent manslaughter, involuntary manslaughter is much different than voluntary manslaughter. Those charged with involuntary manslaughter often acted inappropriately, negligently, or recklessly, which resulted in someone else’s death. Involuntary manslaughter is unintentional murder, but even though the offender did not intend for someone to get hurt, they will still face very serious penalization. A common example of involuntary manslaughter is when a drunk driver kills another pedestrian, driver, or passengers, known as vehicular homicide.

Indiana Penalties for Involuntary Manslaughter:

➢ Level 5 Felony
➢ 1 to 6 Years in Prison
➢ Fines Up to $10,000

*See Indiana Code Section 35-42-1-4 for details of this statute.

Indiana Criminal Defense for Homicide Charges

Call the Law Office of David E. Lewis at 317-636-7514 to connect with an aggressive Indiana criminal defense attorney who will stop at nothing to preserve your freedoms after being charged with a violent crime in Indiana, including manslaughter. With decades of hands-on experience, you can trust Attorney David E. Lewis to build you a strong and impactful defense against your Indiana criminal charges. Call today to schedule a free initial consultation.

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