What is the difference between voluntary and involuntary manslaughter?
Voluntary and involuntary manslaughter are different types of criminal homicide. Voluntary manslaughter occurs when a person kills another person intentionally, but with a diminished mental capacity or in the heat of the moment. Involuntary manslaughter, on the other hand, involves an unintentional killing that occurs as a result of recklessness or criminal negligence. In Virginia, voluntary manslaughter is a felony punishable by up to 10 years’ imprisonment, whereas involuntary manslaughter is generally a Class 5 felony, punishable by up to 10 years’ imprisonment. Depending on the circumstances, voluntary manslaughter may also be charged as a Class 2 felony, which is punishable by up to 20 years’ imprisonment. In order to be convicted of voluntary manslaughter, the prosecution must prove that the defendant intentionally killed the victim, and did so with a diminished mental capacity or in the heat of the moment. In contrast, the prosecution must prove that the defendant acted recklessly or with criminal negligence in order to be found guilty of involuntary manslaughter. Another key difference is that voluntary manslaughter is an intentional act, while involuntary manslaughter is an unintentional act. In cases of voluntary manslaughter, the defendant must have intended to kill the victim; in cases of involuntary manslaughter, the intent to kill is not required. Ultimately, voluntary and involuntary manslaughter are both serious crimes and both carry potentially severe punishments.
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