DiCindio Law LLC | September 27, 2019 | Criminal Law
In Pennsylvania, two types of manslaughter are recognized in the law, including voluntary and involuntary manslaughter. While these crimes are criminal homicides, they are less serious than murder charges.
If you have been charged with voluntary or involuntary manslaughter, you should talk to Michael DiCindio at DiCindio Law to learn about your rights and the defenses that might be raised.
Definition of voluntary manslaughter in Pennsylvania
Voluntary manslaughter is defined in 18 Pa.C.S. § 2503. According to this statute, a defendant is guilty of voluntary manslaughter when he or she kills someone else without legal justification and he or she was acting under the heat of passion that results from serious provocation by the following people:
- the victim who is killed; or
- A third person that the defendant tries to kill but accidentally kills the victim instead
A second way in which voluntary manslaughter can be committed is when the defendant kills someone when he or she has an unreasonable belief that the killing is legally justified.
To determine whether a killing happened in the heat of passion because of provocation by the victim or a third person, the provoking circumstances will be reviewed objectively.
The provoking act must be of such a nature that it would have caused an emotional or passionate reaction in a reasonable person.
If you had time to cool down after the provocation and when you committed the killing, you will not be eligible for a voluntary manslaughter charge and will likely be charged with murder instead.
To determine whether you had enough time to calm down between the provoking act and the killing, the state will look at all of the events leading up to the homicide. If enough time passed, the prosecutor may charge the defendant with murder instead.
The unreasonable belief form of voluntary manslaughter refers to a mistaken belief that you needed to use deadly force to protect yourself or someone else from the victim. If the prosecutor can prove that you escalated or created a dangerous situation, the prosecutor may charge you with murder.
Defenses to voluntary manslaughter charges
The defenses that might be raised to voluntary manslaughter charges will depend on the facts and circumstances of how the killing occurred. Some of the defenses might include the following:
- Defense of others
- Battered women’s syndrome
- Accidental death with no criminal intent when you were engaged in a lawful action
Penalties for voluntary manslaughter in Pennsylvania
Voluntary manslaughter is a felony in Pennsylvania. If you are convicted of this offense, you can face up to 20 years in prison.
Involuntary manslaughter in Pennsylvania
Involuntary manslaughter is codified at 18 Pa.C.S. § 2504. Unlike other types of criminal homicide in Pennsylvania, involuntary manslaughter does not require that you had an intent to kill the victim.
Instead, involuntary manslaughter is reserved for situations in which the killings were unintentional. Involuntary manslaughter is punished by the state to try to prevent activities that are performed with gross negligence or in reckless disregard for human life.
Prosecutors are required to prove beyond a reasonable doubt that defendants who are charged with involuntary manslaughter caused the deaths by engaging in grossly negligent or reckless conduct while they were engaging in unlawful or lawful activity.
For example, a person may be charged with involuntary manslaughter if he or she recklessly drove a car and caused the death of the victim.
The prosecutor must be able to show the link between the defendant’s negligent or reckless conduct and the death of the victim. If the defendant’s conduct cannot be directly or substantially linked to the victim’s death, the prosecutor may not be able to prove a charge of involuntary manslaughter.
Gross negligence or reckless disregard can be proven by the prosecutor by using a reasonable person standard. This involves a comparison between the defendant’s actions to the standard of care that would be expected of a reasonable person under the same or similar circumstances.
The prosecutor may also analyze whether the defendant ignored an existing danger or continued with his or her activity after substantial risks were obvious.
Defenses to involuntary manslaughter charges
Some of the possible defenses to charges of involuntary manslaughter include the following:
- The defendant’s actions were not a direct or substantial cause of the death of the victim
- The killing was accidental and occurred while the defendant was engaged in lawful activity and was not acting with criminal intent, gross negligence, or reckless disregard
It is important to note that Pennsylvania does not allow defendants to raise a defense of voluntary intoxication to involuntary manslaughter charges.
Penalties for involuntary manslaughter
Pennsylvania classifies involuntary manslaughter as a first-degree misdemeanor offense in most cases. A conviction for this offense carries a potential penalty of up to five years in prison and a fine of up to $10,000.
However, if you committed involuntary manslaughter of a child who was younger than age 12 while serving as the child’s custodian, caregiver, or parent, the offense is charged as a second-degree felony.
A conviction for felony involuntary manslaughter can include from five to 10 years in prison.
Some examples of activities that can lead to a charge of involuntary manslaughter include the following:
- Reckless driving
- Driving under the influence of alcohol or drugs
- Speeding or other traffic offenses
- Child neglect
- The improper withholding of medical care from a person who dies
Contact Our Criminal Defense Law Firm in West Chester, PA
If you are facing criminal charges and need legal help, contact the West Chester, PA criminal defense lawyers at DiCindioLaw, LLC to schedule a free initial consultation.
DiCindio Law, LLC
29 S Walnut St
West Chester, PA 19382
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