Involuntary Manslaughter Cases – 10 Common Examples

Examples of involuntary manslaughter are killing someone else by improperly prescribing drugs or unlawfully practicing medicine, accidentally discharging a firearm, forcing workers to work outside in extreme heat, not controlling a dog with a history of attacking people, performing a legal duty with criminal negligence, or an incident of vehicular manslaughter.

Involuntary manslaughter is almost always a felony.

What are 10 examples of involuntary manslaughter?

10 examples of involuntary manslaughter are unintentionally killing someone else:

1. while texting and driving a motor vehicle,
2. while speeding or committing another traffic violation,
3. while driving under the influence (DUI) of alcohol or drugs,
4. by accidentally discharging a firearm in an argument,
5. by improperly prescribing medication,
6. while practicing medicine without a license,
7. by forcing workers to work outside in extreme weather,
8. by failing to control a dog that has a known history of biting and attacking people,
9. while committing a non-dangerous criminal offense, like petty theft, and
10. by performing a legal duty with criminal negligence, like a nurse ignoring a vulnerable patient.

A criminal defense attorney from a reputable law firm can help people who have been accused of any of these types of involuntary manslaughter.

What is involuntary manslaughter?

Generally, involuntary manslaughter is the crime of unintentionally killing another human being. However, criminal laws in different jurisdictions may use slightly different definitions of the offense. Some may use different terms, like negligent homicide, for similar conduct. Many states recognize a separate offense for vehicular manslaughter.

California law

Most state laws that deal with involuntary manslaughter are similar to California’s. In California, prosecutors have to show that:

• the defendant committed a criminal act or unlawful act, or performed a lawful act in an unlawful manner,
• the defendant was acting with criminal negligence, and
• those actions caused the death of another person.¹

Colorado law

In Colorado, though, there is only the crime of manslaughter.² It involves reckless behavior that causes the death of another person. Killing a human life with criminal negligence is a different crime in that state.³

New York law

Some other states, like New York, divide manslaughter into degrees, rather than voluntariness. There, first degree manslaughter is usually when the defendant:

• intended to seriously hurt someone, but ended up killing them or someone else, instead, or
• killed someone else while under an extreme emotional disturbance.⁴

However, it is second degree manslaughter when the defendant:

• recklessly caused someone else’s death, or
• intentionally caused or helped in someone else’s suicide.⁵

Vehicular manslaughter

California, Colorado, and New York have separate crimes for unintentional killings that involve motor vehicles, or vehicular manslaughter.⁶ Also known as vehicular homicide, this covers unintentional deaths that stem from car accidents that come from reckless or impaired driving.

What are the penalties of a conviction?

Involuntarily manslaughter is generally a felony offense. All felonies carry over a year of prison time. Involuntary manslaughter generally carries at least 2 years in prison. The prison term will depend on the state, the type of manslaughter, and whether there were any aggravating or mitigating circumstances. However, it is rare for involuntary manslaughter charges to be misdemeanors.

California law

In California, for example, the penalties for involuntary manslaughter are:

• a prison sentencing range of 2, 3, or 4 years in prison,
• up to $10,000 in fines, and
• a strike under California’s Three Strikes Law, if the killing was done with a dangerous or deadly weapon, like a firearm.⁷

Colorado law

In Colorado, the penalties for these criminal charges are similar:

• between 2 and 6 years in prison, and
• a minimum fine of $2,000.⁸

New York law

However, in New York, manslaughter is treated as a more serious crime. The sentencing range is far wider. Second degree manslaughter, which involves reckless conduct, carries anywhere between 3.5 to 15 years in prison.⁹ First degree manslaughter carries between 5 and 25 years.¹⁰

Penalties other than prison and fines

In addition to these penalties, defendants may have to deal with:

• felony probation,
• a serious blemish on their criminal history,
• social stigmatization,
• drug or alcohol treatment, and
• counseling.

Defendants convicted for involuntary manslaughter often face civil liability, as well. Family members of the victim will often file a wrongful death claim against the defendant.

How is it different from voluntary manslaughter?

Involuntary manslaughter is generally different from voluntary manslaughter in that the killing was unintentional. An involuntary manslaughter accidentally causes the victim’s death. A voluntary manslaughter was an intentional killing, though it was not premeditated. Premeditation or malice aforethought would make the killing a murder.

The prior intent that makes a manslaughter a voluntary one can form in an instant. That is why voluntary manslaughter is often called a “heat of passion killing.”

Examples

During a domestic violence dispute with Nick, Mary pulls out a gun and brandishes it. She does not meant to shoot it, but she accidentally pulls the trigger. This would likely be involuntary manslaughter.

The domestic dispute between Nick and Mary gets violent when Nick pushes her. Mary opens a drawer, pulls out the gun, and shoots him. This would likely be an example of voluntary manslaughter.

Because one involves intent and the other does not, self-defense is often not an available legal defense in involuntary manslaughter cases. The killing in these cases was unintentional. Self-defense is an intentional reaction to a real or perceived threat. However, a criminal defense lawyer can raise other defenses to a charge of involuntary manslaughter.

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