Voluntary vs. Involuntary Manslaughter

An FBI crime reporting program estimated that there were 16,503 murders in the United States in 2003. A portion of these were manslaughter cases. Although manslaughter does involve killing someone, it is classified as differently from murder in a court of law. There are two main types of manslaughter, known as voluntary and involuntary.

Involuntary Manslaughter

This type of crime, also known as negligent manslaughter, typically involves the accidental death of a person. It is generally characterized as a crime that happens without the intent to kill. For example, if someone drives drunk then hits and kills another person, this may count only as involuntary manslaughter.

There are two main categories of involuntary manslaughter: criminally negligent and unlawful act. In some cases, the failure to act, such as the failure to try to save a drowning man, may count as criminally negligent manslaughter. Unlawful acts usually include the knowledge of how risky a particular activity might be to someone else's life.

Voluntary Manslaughter

Voluntary manslaughter is closer to the crime of homicide. This is sometimes called non-negligent manslaughter, or a crime that happens in the heat of passion. For example, if you come home to find your spouse in bed with someone else, and you kill that other person in a fit of anger, you may be charged with voluntary manslaughter.

While there is an element of “intent to kill” in voluntary manslaughter, it mainly differs from the crime of murder because it is not a preplanned act.

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Both involuntary and voluntary manslaughter can land a person in jail. If you or someone you know has been to jail as a result of these or other such crimes, contact Austin jail release lawyer Ian Inglis today at 512-472-1950.