Not every killing is considered murder. There are numerous levels and grades of criminal homicide, some very severe and others less so. When a homicide does not quite rise to the level of murder, it could instead be charged as voluntary or involuntary manslaughter.

The penalty for manslaughter will depend on the type of manslaughter with which a defendant is charged. There are two forms of manslaughter in Pennsylvania: voluntary and involuntary. Voluntary manslaughter tends to be more serious as it involves deliberate and purposeful action by the defendant. It is a first-degree felony punishable by up to 20 years in state prison. Involuntary manslaughter is a lesser charge because it usually involves accidental killings. It is punishable by no more than 10 years in state prison if charged as a felony, but no more than 5 years if charged as a misdemeanor.

Call Liberty Law Team at (215) 826-3314 to set up a free case assessment from our Philadelphia homicide and murder defense lawyers today.

What is the Penalty for Involuntary Manslaughter in Pennsylvania?

The first category of manslaughter, involuntary manslaughter, typically covers accidental deaths where the defendant did not mean to hurt anyone, but their behavior was extremely negligent. The penalty for this offense may not be as serious as you’d expect.

Involuntary manslaughter is punishable by up to 5 years in state prison and is typically charged as a first-degree misdemeanor in Pennsylvania.

However, if the victim is under the age of 12 and in the care or custody of the person charged with their death, the crime is a second-degree felony. Such a felony would be punishable by up to 10 years in state prison.

What is the Penalty for Voluntary Manslaughter in Pennsylvania?

The second category of manslaughter, voluntary manslaughter, is similar to murder but is committed under somewhat different conditions or circumstances. Voluntary manslaughter is still a first-degree felony, so it carries serious penalties.

First-degree felonies like voluntary manslaughter may be punished by a state prison sentence of up to 20 years. However, this is still much more lenient than a sentence for first-degree murder, which includes possibilities for life in prison or the death penalty.

There is no mandatory minimum prison sentence for voluntary manslaughter, and 20 years is the absolute maximum sentence for this offense.

Are There Financial Penalties for Manslaughter in Pennsylvania?

In addition to serving a prison sentence if you are convicted, you might also have to pay fines for manslaughter in Pennsylvania.

For a first-degree felony conviction for voluntary manslaughter, the maximum fine is $25,000.

For a second-degree felony for involuntary manslaughter with a minor victim, the maximum fine is also $25,000.

And, for a first-degree misdemeanor charge for involuntary manslaughter, the maximum fine is $10,000.

How Does Pennsylvania Define Involuntary and Voluntary Manslaughter?

As mentioned, the crime of manslaughter is divided into two categories. Since convictions for voluntary and involuntary manslaughter can carry such different consequences, you need to understand how Pennsylvania defines these offenses and what you specifically have been charged with.

Involuntary Manslaughter

Involuntary manslaughter can be found under 18 Pa.C.S. § 2504. The law describes involuntary manslaughter as a killing directly resulting from an unlawful act committed in a grossly negligent way. The law explains that involuntary manslaughter could also come from the commission of a lawful act done in a grossly negligent way.

In either case, the intent to kill or cause harm is usually not present, and the killing is the accidental result of some other negligent behavior. For example, deaths resulting from car accidents are often charged as involuntary manslaughter if the responsible driver was driving negligently.

Voluntary Manslaughter

Voluntary manslaughter, as described under § 2503, includes a killing out of an intense and sudden passion caused by serious provocation. The provocation must have come from the person killed or someone else whom the defendant intended to kill, but instead killed the victim by mistake. Voluntary manslaughter also includes killings committed under a mistaken or unreasonable justification.

Some killings will not be criminally charged if they are justified. A justification is a circumstance that makes the killing necessary or unavoidable. For example, self-defense would be a justification for killing. However, if the justification is unreasonable or mistaken, the killing may be charged as voluntary manslaughter. An unreasonable justification would be a self-defense killing where the defendant believed he was being attacked with deadly force, but it is clear upon further investigation that the victim did not attack with deadly force.

What Key Factors Affect the Penalty for Manslaughter in Pennsylvania?

The penalty for manslaughter varies, depending on the charges. Even if you face a second-degree felony charge for voluntary manslaughter, you are not guaranteed the maximum sentence, and our Pennsylvania homicide and murder defense lawyers may use mitigating factors to convince the judge to be lenient.

Intent

To get a conviction for voluntary manslaughter, the prosecution must prove intent to a certain degree. Voluntary manslaughter is often the result of a crime of passion or a sudden provocation, but it also includes the defendant having an unreasonable belief that the killing was justified.

Involuntary manslaughter does not involve intent in the killing, and the prosecution only needs to prove the victim died due to the defendant’s unlawful, grossly negligent, or reckless act. The prosecution just needs to prove those acts were done with the requisite intent, which changes depending on the category.

Victim’s Age

The victim’s also affects the potential penalty upon conviction. Involuntary manslaughter charges are automatically elevated if the victim is a child under 12 years old. Instead of being charged with a first-degree misdemeanor, you could face second-degree felony charges, which carry up to 10 years in prison.

Aggravating Factors

Aggravating factors are those that sway sentencing in the defendant’s favor. The following are some of the most common aggravating factors in manslaughter cases that lead to longer sentences:

  • Use of a weapon
  • History of prior offenses
  • Victim status and vulnerability
  • Nature of the offense

Mitigating Factors

Our lawyers can use mitigating factors to convince the judge to give you the lowest possible sentence after an involuntary or voluntary manslaughter conviction in Pennsylvania, such as extreme mental distress or provocation, and no significant criminal history.

While some prison time is most likely mandatory for a first-degree felony conviction for voluntary manslaughter, our lawyers may use mitigating factors so your sentence is lower than the maximum 20 years.

Can You Use Manslaughter as a Defense to Murder in Philadelphia?

Many manslaughter defendants are usually initially charged with a more serious form of criminal homicide, often first- or second-degree murder. These charges may later be reduced due to strong evidence supporting the defendant or plea negotiations between the defendant and the prosecutor.

Manslaughter may even be used as a defense to murder. If prosecutors wish to charge you with murder, you could potentially argue it was manslaughter instead. To prove this, you need to show that there was provocation rather than intent to kill.

If we have strong evidence supporting manslaughter charges instead of murder charges, we can negotiate with prosecutors to reduce your charges in exchange for a plea bargain. This would allow you to plead guilty to lesser manslaughter charges instead of extremely severe murder charges. Contact our Delaware County criminal defense lawyers for help with your case.

How Can a Philadelphia Attorney Help Me with My Manslaughter Case?

Charges involving any form of criminal homicide should not be handled by an individual with no legal training. It can be tempting for defendants to dismiss their lawyers and handle their case themselves. After all, who will fight for you more vigorously than you? However, criminal trials, especially those for criminal homicide, are complicated and exhausting.

Not only is the law surrounding your charges complex and nuanced, but it is also incredibly emotionally charged. You may have to contend with the victim’s family, who want nothing more than to see you put in prison. You will also have to deal with prosecutors actively working against you, mounting evidence, and witnesses who may not want to cooperate.

An attorney is trained to handle all this and more, and they can help you fight your manslaughter charges. Our Bucks County criminal defense lawyers have the skills and experience to fight your charges while protecting your rights.

FAQs About Manslaughter Charges in Pennsylvania

Do I Need a Lawyer to Avoid Penalties for Manslaughter?

Charges for involuntary or voluntary manslaughter are both serious, and you should contact our lawyers immediately to assess the prosecution’s case, build your defense, and see if there is any reason to motion the judge to dismiss the charges and avoid a trial.

Should I Accept a Plea to Lessen the Penalty for Manslaughter?

Don’t accept any plea deal without talking to a lawyer first. If the charges haven’t changed, but the prosecution gives you their word that your sentence will be lower, the judge can still impose whatever sentence they see fit. A plea deal to a lesser offense with a lower max sentence might benefit you more.

What is the Penalty for Vehicular Manslaughter in Pennsylvania?

Homicide by vehicle where there is no intoxication involved is a third-degree felony punishable by up to 7 years in prison. Homicide by vehicle while driving under the influence is typically a second-degree felony, but you will be charged with a first-degree felony if you have a previous DUI.

Is Manslaughter a Serious Offense in Pennsylvania?

Involuntary and voluntary manslaughter may not have lengthy mandatory prison sentences like murder and other violent crimes. However, it is still a very serious offense to be convicted of and to remain on your criminal record, especially if you are convicted of a felony.

Call Our Philadelphia Manslaughter Defense Lawyers

Call Liberty Law Team at (215) 826-3314 for a free case review from our Pennsylvania homicide and murder defense lawyers.