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Under the law in most states, misdemeanor manslaughter consists of killing someone in the commission of a non-felony offense, or in the commission of a misdemeanor. Misdemeanor manslaughter is sometimes referred to as “constructive manslaughter” or “unlawful act manslaughter.”
The crime is a form of involuntary manslaughter, which is the offense whereby you cause the death of another person because of some unlawful act, or a lawful act that you commit without due caution.
The penalties for misdemeanor manslaughter depend on the facts of a particular case and the laws of the state where you allegedly committed the crime. Usually, though, a prosecutor can charge the offense as either a misdemeanor or a felony and a conviction is punishable by:
The crime is often compared to, and contrasted with, the offense of felony murder. People are generally guilty of felony murder if they kill someone during the commission of a felony. But keep in mind that state laws vary considerably on how they precisely define the crime.
Misdemeanor manslaughter is the crime where you unintentionally take a human life during the commission of a misdemeanor.1
A misdemeanor offense is a crime just short of a felony that is often punishable by less than one year in county jail.
Most states that recognize misdemeanor manslaughter do not require any type of mental state (for example, intent) as an element of the crime. This means a prosecutor can convict you of the crime just by showing that you:
Note that the criminal laws of some states say that a killing that takes place during any misdemeanor can result in misdemeanor manslaughter charges.3
But some states say that a prosecutor can only file charges of the crime if the misdemeanor that you committed was:
Consider the scenario where there is an argument in a bar between two men, John and David.
The men are shouting at one another when John suddenly pushes David. The force of the shove sends David backwards, where he trips over another person’s foot and fatally strikes his head against the bar’s brick wall.
Here, a state could likely file misdemeanor manslaughter charges against John. This is because he killed a person while committing a misdemeanor. Namely, he committed the misdemeanor offense of battery when he pushed David.5
Yes. Misdemeanor manslaughter is a type of involuntary manslaughter.
The definition of “involuntary manslaughter” varies between different jurisdictions. However, the crime is generally viewed as an unintentional killing that takes place during either:
Note, though, that there are two types of manslaughter. These are involuntary and voluntary.
Voluntary manslaughter is the unlawful killing of a human being that is done:
An example of voluntary manslaughter is when a person kills another in the “heat of passion.”
Misdemeanor manslaughter cases are often compared to felony murder cases.
In general, you commit the offense of felony murder if you:
Note, though, that states vary considerably on how they define the crime. Many have tried to limit the offense by saying that:
Felony murder is a separate and distinct charge than first-degree or second-degree murder charges.
Yes. If you or a loved one is facing manslaughter charges (including vehicular manslaughter), it is critical to consult with a criminal defense attorney for help.
A defense lawyer can help you understand the laws surrounding your case and help you raise a legal defense (for example, self-defense) to contest any manslaughter charges you may face.
Note that most defense attorneys and firms offer free consultations, which means you can receive legal advice at no cost.
For more in-depth information, refer to these scholarly articles.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.