The unlawful killing of another human being is quite possibly the most serious criminal offense a person can commit. However, not every unlawful killing is considered murder, and you may instead be charged with manslaughter.
Murder involves the intentional and sometimes premeditated killing of the victim. In cases where the killing was not intentional but rather the result of intense provocation or reckless behavior, you could instead be charged with manslaughter. Manslaughter can sound very similar to murder. It is not uncommon for defendants to be charged with murder at first and later have their charges reduced to manslaughter.
Call our manslaughter defense lawyers with The Liberty Law Team at (215) 709-7431 to start your case with a free, confidential legal review.
Voluntary Manslaughter Charges in Philadelphia
In Pennsylvania, a defendant may be charged with two forms of manslaughter: voluntary and involuntary. While both are serious criminal charges, voluntary manslaughter tends to be perceived as more severe, as it requires an intent to kill.
Sudden Provocation or “Heat of Passion”
Voluntary manslaughter involves killing another person without any legal justification due to sudden and very intense provocation. People sometimes refer to this charge as a killing “in the heat of passion.”
The sudden provocation must be so intense that any reasonable person might lose control. However, if there was sufficient time for the defendant to calm down before committing the crime, it may instead be charged as murder.
The line between voluntary manslaughter and murder is incredibly thin. In many cases, defendants are charged first with murder, and their charges may be reduced later based on the evidence or as part of a plea bargain.
Mistaken Beliefs and Justification
Voluntary manslaughter is also charged when a person commits a killing under the mistaken belief that a legal justification protected them.
A legal justification would be things like killing in self-defense. For example, if you shoot and kill someone because you believe they are about to pull a gun on you, but it turns out they never had a gun, your self-defense justification would be mistaken, and you could be charged with voluntary manslaughter.
The key here is that your belief that your actions are justified must not just be mistaken, but also unreasonable. For example, if someone points a very realistic fake gun at you as a “joke,” and you use deadly force to protect yourself, your belief that your actions were justified may be mistaken, but not necessarily unreasonable. If the fake gun was clearly a plastic toy, then your belief may be considered unreasonable, and you could be charged.
Grading of Charges for Voluntary Manslaughter
Voluntary manslaughter may be charged as a first-degree felony. This is different than first-degree murder, which is punished differently from other felonies.
Remember, the line between murder and voluntary manslaughter is thin, and our manslaughter defense lawyers may help you prevent your charges from being upgraded to murder.
Involuntary Manslaughter Charges
Involuntary manslaughter in Philadelphia is an unintentional killing. The fact that someone did not intend to kill does not mean they cannot be criminally charged.
Accidental Killings
Involuntary manslaughter may be charged when a defendant accidentally kills someone as a result of their reckless or grossly negligent behavior. The negligent or reckless behavior may be a lawful or unlawful act, but the act must be the direct cause of the victim’s death.
An accidental killing from a car accident is not usually charged as involuntary manslaughter since there is a separate vehicular homicide statute.
Killing Based on Recklessness or Gross Negligence
Even if you did not mean to cause harm, you may still be charged with involuntary manslaughter if the alleged killing is the result of your supposed reckless behavior or gross negligence.
A reckless act is one in which the actor is aware that their actions pose a risk of injury or death and chooses to proceed anyway. A negligent act is one in which the actor is unaware of the risk of injury or death, but the risk is so significant that they reasonably should have been aware.
Grading of Charges for Voluntary Manslaughter
Involuntary manslaughter may be charged as a first-degree misdemeanor, which is far less severe than a felony charge.
However, if the victim was younger than 12 and the defendant had custody or control over the victim (e.g., a parent or guardian), then the charges may be a second-degree felony.
What To Do if You Are Arrested for Manslaughter?
Being arrested for any crime, let alone a homicide offense, can be incredibly frightening. The best thing you can do is stay calm and take the following steps to protect yourself.
Cooperate with the Authorities
The process of being arrested is rarely easy or comfortable. The police may take you by surprise or use force when they take you into custody. Many people instinctively buck against the police when they try to arrest them, but this is a bad idea. Do not resist arrest. Doing so may only lead to additional criminal charges.
You do not have to help the police find evidence or information to use against you when you are arrested, but you should not interfere with their investigation or resist being arrested.
If a defendant is ultimately convicted, their cooperation with the authorities may be considered during sentencing.
Remain Silent
The police may ask you a lot of questions after arresting you for manslaughter. Although many find it difficult to tell a police officer no, you do not have to answer all questions from the police. However, you should answer basic questions during the booking process that the police need to properly identify you.
Do not answer questions about the alleged offense. If the police want to question you about the alleged offense while you are in custody, you have the right to remain silent. You may not be compelled to answer any questions, and your silence may not be used against you.
It may be tempting to try to explain your side of the story to the police, but this is not a good idea. When they say that anything you say can and will be used against you, they mean it.
Demand an Attorney
Ask to call a lawyer as soon as possible. Tell the police that you want to speak to a lawyer the second they place the handcuffs on your wrists. Let the police know that you will not be answering any questions unless you have a lawyer present.
You might have to wait for a bit until you can call a lawyer, but the police may not interfere with your right to one. If the police begin to question you about the alleged crime, they are required by law to explain your Miranda rights, which include your right to a lawyer during custodial interrogation. Invoke this right directly and clearly.
How to Fight Charges for Voluntary or Involuntary Manslaughter
Manslaughter charges are certainly intimidating, but you have a right to mount an effective defense against any criminal charges. Get help from a lawyer immediately to fight manslaughter charges, as your very freedom may be on the line.
Lack of Intent
Criminal charges require some form of intent to commit the crime or perform the actions that cause the crime. Exactly what “intent” means may vary depending on the charges.
Involuntary manslaughter requires a defendant to act with gross negligence or recklessness. You may challenge the charges by arguing that your actions did not constitute reckless or grossly negligent behavior. If prosecutors argue that your actions were reckless or grossly negligent, we must make them prove it.
Voluntary manslaughter generally requires that the defendant act with an intent to kill, although the malice required to murder charges is absent. Many defendants claim that their actions were not intentional, despite what prosecutors claim.
Valid Self-Defense Claims
Many people charged with voluntary manslaughter claim they acted in self-defense, but prosecutors argue that their belief that self-defense was necessary was mistaken and unreasonable.
We may present evidence that your “mistaken beliefs” were not as mistaken as prosecutors claim. We need evidence that the “victim” posed a threat to your safety and that your belief that they were a threat was reasonable under the circumstances.
For example, maybe the victim had made serious threats to you in the past, so when they threatened you this time, you believed them.
Your Actions Are Not the Direct Cause of the Victim’s Death
Maybe you did act recklessly or with gross negligence, but something else ultimately caused the victim’s death. If your actions did not directly cause or contribute to the victim’s death, you should not be convicted.
For example, suppose prosecutors establish that you were driving with gross negligence when you were involved in a fatal accident where another driver was killed. If we can show that your actions, even though they were grossly negligent, did not actually cause the accident, you should not be convicted.
Insufficient Evidence
If prosecutors do not have enough evidence to meet their burden of proof, we should focus on that as part of your defense. We may not need to argue about your intent or what actually caused the victim’s death if there is not enough evidence to prove anything.
If the prosecutor’s evidence is so lacking that it would be nearly impossible to prove the charges beyond a reasonable doubt, we may file a pretrial motion to dismiss the charges for a lack of evidence. Even if the motion is unsuccessful, jurors are unlikely to convict based on weak evidence.
Penalties for Manslaughter in Philadelphia
While penalties for manslaughter charges are usually somewhat less severe than those for murder charges, they are still significant, and serious time in prison may be on the line.
Penalties for Voluntary Manslaughter
Voluntary manslaughter is often charged as a first-degree felony. First-degree felonies are the highest level of felony. According to Pennsylvania criminal statutes, a first-degree felony may be punished by a prison term of up to 20 years.
Penalties for Involuntary Manslaughter
Involuntary manslaughter may be charged as a first-degree misdemeanor, the most serious misdemeanor charge possible.
According to Pennsylvania law, a first-degree misdemeanor may result in up to 5 years behind bars. However, if your charges are upgraded to a second-degree felony, as mentioned above, you may face imprisonment of up to 10 years.
How Manslaughter is Different from Murder in Philadelphia
Murder and manslaughter in Pennsylvania both involve the unlawful killing of another person. However, the circumstances surrounding each crime are somewhat different. It can be hard to tell the difference between the two crimes, as many manslaughter cases resemble murder.
Murder as an Intentional Killing
Murder is an intentional killing and may be charged as murder in the first, second, or third degree. A first-degree murder typically involves premeditation or a plan in advance to do the killing.
Second-degree murder is typically committed during another felony, like a bank robbery. Third-degree murder is any murder that does not fit in the other two categories.
The Level of Intent in Manslaughter Cases
Manslaughter is similar to murder but usually has a different level of intent on the defendant’s part. Manslaughter can be unintentional and caused by reckless behavior rather than purposeful intent.
Even if the killing is intentional, manslaughter does not involve premeditation, and the intent may arise from provocation or a mistaken justification.
Can You Be Sentenced to Jail for Manslaughter?
Yes. Voluntary manslaughter may be charged as a first-degree felony, and it carries a maximum penalty of 20 years in prison.
Involuntary manslaughter may be charged as a first-degree misdemeanor and penalized by a jail term of up to 5 years. If the alleged victim is younger than 12 and in the care or custody of the defendant, they may be charged with a second-degree felony and sentenced to up to 10 years in prison.
How is Voluntary Manslaughter Different from Involuntary Manslaughter?
Voluntary manslaughter requires an intent to cause the killing, while involuntary manslaughter is unintentional or accidental. Since involuntary manslaughter lacks an intent to kill, defendants often face comparatively lighter sentences.
Is Manslaughter the Same as Murder?
No. While manslaughter and murder are both homicide offenses, they are significantly different in how they may be committed.
Manslaughter may involve accidental killings, or intentional killings based on unreasonable, mistaken beliefs about justification. Most forms of murder involve an intent to kill that is not based on an unreasonable or mistaken belief regarding justifications or self-defense.
Is Manslaughter Less Serious Than Murder Charges?
While manslaughter is different from murder, and manslaughter charges typically carry less severe penalties compared to murder charges, you should not consider the charges “less than” murder. Remember, at the end of the day, manslaughter involves the death of a human being, and the authorities and the court are not inclined to show much leniency in these cases.
How Do You Fight Manslaughter Charges?
You may fight manslaughter charges by analyzing the intent alleged by prosecutors. For voluntary manslaughter, prosecutors must prove you intended to commit the killing and did so under a mistaken, unreasonable belief that your actions were justified. Involuntary manslaughter may be accidental and based on reckless behavior or gross negligence.
We may challenge the prosecutors’ claims of intent. If they cannot prove you intended to kill anyone, you should not be convicted of voluntary manslaughter. Similarly, if prosecutors cannot establish that your behavior was reckless or constituted gross negligence, you should not be convicted of involuntary manslaughter.
What Should You Do if You Are Arrested for Manslaughter?
If you are arrested for manslaughter, stay calm and demand to call a lawyer as soon as possible. The police will take you into custody, take your photo and fingerprints, and question you about the alleged crime.
Once questions about the crime begin, invoke your rights to remain silent and to have a lawyer present during questioning. Invoke these rights clearly and directly.
Can You Be Charged with Manslaughter if You Did Not Mean to Kill Someone?
Yes. Involuntary manslaughter generally involves accidental killings where defendants did not mean to hurt anyone. Such charges are often based on the defendant’s allegedly reckless behavior or acts of gross negligence.
Contact Our Philadelphia Manslaughter Defense Lawyers
Begin with a free, private legal assessment from our manslaughter defense lawyers at The Liberty Law Team by calling (215) 709-7431.
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