What Is Voluntary vs. Involuntary Manslaughter?

Voluntary vs. involuntary manslaughter is typically defined by the defendant’s intent. Voluntary manslaughter involves the intention to hurt someone, while involuntary manslaughter does not require this intent. 

Being charged with voluntary or involuntary manslaughter can result in a significant difference in punishment. If you are facing either charge, a Seattle manslaughter defense lawyer can help.

What Is the Difference Between Voluntary and Involuntary Manslaughter?

The difference between voluntary and involuntary manslaughter hinges on whether the defendant intended to hurt someone. 

Voluntary Manslaughter

In voluntary manslaughter cases, the defendant intended to hurt the victim but did so in the “heat of passion.” For example, the defendant got into a fight with someone else. In Washington, this is typically classified as first–degree manslaughter.

Involuntary Manslaughter

In involuntary manslaughter, the defendant had no intent to hurt anyone but did so unintentionally through negligent actions. For example, hitting a pedestrian while driving drunk. In Washington, this is typically classified as second–degree manslaughter.

What Is the Difference in Punishment for Voluntary vs. Involuntary Manslaughter?

Voluntary manslaughter carries much more severe penalties than involuntary manslaughter. However, it does not carry as high a penalty as first or second degree murder. 

Penalties for Voluntary Manslaughter

In Washington, voluntary manslaughter is a Class A felony. This brings serious penalties, including:

• Up to life in prison
• A fine of up to $50,000

However, if this were a first offense and there were no aggravating factors, then a more likely prison sentence would be up to eight years. Your Seattle homicide defense lawyer will fight for the lowest possible sentence.

Penalties for Involuntary Manslaughter

Under Chapter 9A.20 RCW, involuntary manslaughter is a Class B felony in Washington. The possible penalties include:

• Up to 10 years in prison
• A fine of up to $20,000

However, if this is a first offense, then prison time will more likely be up to 27 months.

Additional Consequences

While jail time and fines are the legal penalties of a manslaughter conviction, there are other consequences to your life. These can include:

• Permanent criminal record, which can affect housing, employment, and the ability to keep or secure professional licenses in the future
• Loss of voting rights
• Loss of  gun rights
• Probation
• Effects on immigration status

What Evidence Is Used to Determine Whether It Is Voluntary or Involuntary Manslaughter?

The prosecution will need to prove its case, and they will do so through investigation and evidence gathering. In voluntary manslaughter cases, they must prove that the defendant acted with the intent to commit harm.

Evidence may include:

• Eyewitness statements
• Previous communication between the defendant and the victim. This may include text messages, emails, phone calls, or messages on social media
• Psychological evaluations
• Evidence of a catalyst for the action, such as the discovery of an affair or a verbal altercation that led to a fight

In involuntary manslaughter cases, evidence is used to prove whether culpable negligence occurred. This can include:

• Blood alcohol test results
• Field sobriety test results
• An arresting officer’s report
• Medical evaluations
• Accident reconstruction
• Eyewitness accounts
• Prior history of an offense, such as multiple DUI tickets

How Can a Seattle Manslaughter Defense Attorney Help With Your Case?

If you’re asking, “What is voluntary vs. involuntary manslaughter?” it’s likely because you or a loved one is facing a manslaughter charge. Whether you are being charged with voluntary or involuntary manslaughter, hiring a manslaughter defense attorney is a vital aspect of your case.

Your lawyer serves as the advocate for your legal rights. They will:

• Investigate to determine whether your rights have been violated during the arrest, questioning, or investigation
• Investigate to gather evidence that disputes the prosecution’s version of events.
• Negotiate for a lesser sentence or plea deal when necessary
• Represent you in court, when necessary

Your attorney also offers support throughout the stressful legal process. They will never keep you in the dark and ensure that you always understand the charges against you.

What Should You Do After an Arrest for Manslaughter?

If you have been arrested, or are facing an arrest, for manslaughter, the most important thing is to stay calm. You should:

• Invoke your right to an attorney. Contact a lawyer as soon as possible.
• Invoke your right to remain silent. Be polite in your actions, but do not say anything that can be used against you.
• Follow your attorney’s guidance.
• Do not try to hide or destroy evidence, as this can be used against you.
• Follow any legal restrictions placed on you.

If you are unsure of what actions to take or are worried about something you did during the arrest, talk to your lawyer about your concerns.

What Defenses Are Often Used in Manslaughter Cases?

In manslaughter cases, your lawyer will build a defense that is specific to the circumstances of your case. Common defenses include:

• Self-defense
• Accidental death
• Insufficient evidence
• Insanity
• Emotional duress
• Defense of others

If your rights were violated during the arrest or investigation, your lawyer may also try to get the evidence thrown out or the case dismissed.

Contact a Manslaughter Defense Lawyer in Seattle

If you are facing a manslaughter charge, your next step should be to contact a lawyer. “What is voluntary vs. involuntary manslaughter?” is just one question that your attorney can answer for you. 

At Puget Law Group, our Seattle manslaughter defense attorneys will fight to protect your legal rights and defend your freedom. Founded in 2013, we’ve spent years helping clients. Our client testimonials speak to the care and commitment we provide to every client.

Contact our legal team today and get started with a free initial consultation.