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Misdemeanor Manslaughter

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Misdemeanor Manslaughter

Misdemeanor manslaughter is a homicide committed during a non-felony crime. This rule allows prosecutors to charge someone for a killing done during the commission of a crime with involuntary murder.

A murder charge requires a person commit homicide with malice. Homicide is simply the killing of a human being. Malice is intent. It could be intent to kill, causing serious bodily harm, a disregard for human life or Felony Murder Rule. All those requirements are missing when homicide occurs during a misdemeanor crime.

A person died, but there was no intent to cause the death.

Types of Misdemeanor

A non-felony crime is commonly referred to as a misdemeanor. It is less serious than a felony with a penalty of jail time. The following are the types of non-felony crimes:

  • Disorder conduct
  • Theft
  • Vandalism
  • Trespass
  • Prostitution
  • Driving while under the influence. It is only a misdemeanor with no aggravating circumstances.
  • Simple assault
  • Domestic violence
  • Harassment

What Is Involuntary Manslaughter?

Involuntary manslaughter is the unintentional killing of a human being. The homicide is done because of the defendant’s criminal negligence or recklessness.

The elements of involuntary manslaughter are:

  • A person was killed because of the defendant’s actions
  • The defendant’s actions was done with recklessness or negligence
  • The defendant knew or should have known her actions would cause harm to others

Should I Talk to an Attorney about an Involuntary Murder charge?

Although it is not a murder charge, a manslaughter charge is still a serious crime. Penalties include jail time. Yes, talking about your case with a criminal defense lawyer is helpful when building a defense to a charge like this.

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, LegalMatch Legal Writer

Last Modified: 06-06-2018 11:13 PM PDT

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