Homicide is an umbrella term for the act of killing another person. It includes murder and all its degrees, as well as manslaughter.
Murder is the intentional killing of someone else, done with intent and malice. It is usually not justifiable and carries the most severe punishments for taking another life. On the other hand, manslaughter is when one person causes another person’s death, whether intentional or not. In some cases, it can be justifiable.
Manslaughter has two categories: voluntary and involuntary. Understanding the differences can help those accused make smart decisions for their situation.
What is voluntary manslaughter?
Manslaughter may be considered voluntary if it happens “in the heat of the moment” and without premeditation. This means the accused did not plan to kill the victim but did so because of provocation.
A common example is when a person kills their spouse after catching them cheating. They did not plan to cause harm, but they committed the act because of passionate anger. In this case, the provocation is an act of adultery.
Note that the provocation must be legally sufficient, which means not all reasons are acceptable as defense for crimes of passion. For example, mere words like insults or taunts are not permissible, no matter how offensive.
What is involuntary manslaughter?
Involuntary manslaughter occurs when a person causes someone else’s death because of negligence or during a misdemeanor crime. They did not mean to kill anyone but are liable for showing disregard for human life.
For example, the accused may be charged with involuntary manslaughter if they kill someone while committing a misdemeanor, such as:
- Assault
- Trespassing
- Petty theft
- Reckless driving
This charge also applies to situations where a person was criminally negligent. In other words, they ignored obvious risks to the safety of others. An example would be driving under the influence and accidentally killing a pedestrian.
What are the differences?
The main difference between the two is the cause of the act. Voluntary manslaughter is generally intentional but not premeditated, while involuntary manslaughter is generally accidental. The former also carries heavier penalties, which may include up to 10 years in prison in Maryland.
Whatever the case may be, the guidance from a criminal defense attorney can be invaluable. Legal counsel can help accused people build the best defense possible and seek the most favorable results.