What is the difference between voluntary and involuntary manslaughter?
Voluntary manslaughter and involuntary manslaughter are both classified as homicide, or the killing of another person, however they differ in terms of the level of intent. Voluntary manslaughter is defined as an intentional killing that is without malice or premeditation. This type of killing is often done in the heat of the moment or in response to an insult or wrong such as during a fight. While the killing was intentional, the lack of premeditation means that the person did not plan on killing the victim ahead of time. Involuntary manslaughter is a more serious charge than voluntary manslaughter, as it typically requires the proof of recklessness or criminal negligence. Unlike voluntary manslaughter, a person can be guilty of involuntary manslaughter even if they didn’t intend to kill another person. For example, killing someone while driving under the influence of drugs or alcohol or shooting a gun into a crowd can both result in involuntary manslaughter. In Texas, voluntary manslaughter is typically a second-degree felony, punished by two to 20 years in prison and up to a $10,000 fine. Involuntary manslaughter is a third-degree felony, punished by two to 10 years in prison and up to a $10,000 fine.
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