What is the difference between voluntary and involuntary manslaughter?
Voluntary manslaughter and involuntary manslaughter are two different types of homicides. Voluntary manslaughter is when a person takes the life of another person with “intent to kill or do serious harm” while in a “heat of passion” state. This type of manslaughter typically occurs after a person has been provoked in some way, such as a physical altercation. The person is typically found guilty of a lesser crime than premeditated murder due to the lack of premeditation involved in the act. Involuntary manslaughter is when a person causes the death of another person as the result of negligence or recklessness. A person may be charged for involuntary manslaughter if they were operating a vehicle while impaired or under the influence of drugs or alcohol. In New York, the charge of involuntary manslaughter may also be brought against a person who should have foreseen that their actions could lead to another person’s death, and yet the person failed to act reasonably to avoid that result. In cases of involuntary manslaughter, the motive is usually accidental, and the person is typically not trying to harm another person.
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