Involuntary manslaughter is a type of crime that involves killing or causing the death of a person. It is a serious crime for which you can be charged and convicted. It is important to understand the potential implications of a conviction and how Involuntary Manslaughter is an offense that differs from other types of homicide.
In Georgia, involuntary manslaughter is a crime (GA Code§ 16-5-3) and it states : A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony as well as by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm.
Involuntary manslaughter may happen in a variety of ways. For example, if a person drives drunk and causes an accident which results in the death of someone in the accident. This is a common incident when charges of involuntary manslaughter are brought among other charges, such as reckless driving, speeding, and DUI.
It could also occur as a result of recklessness or misconduct; for example, if someone engages in horseplay that results in death. The key factor in all cases is that the accused did not mean for the victim to die — but their actions – whether criminal such as driving while intoxicated, or non-criminal such as roughhousing or stupid behavior, – were still considered a contributing factor in the death.
Manslaughter is a Type of Homicide
Manslaughter has two distinctions. Involuntary manslaughter occurs when a person causes the death of another person without intending to do so. It is distinct from voluntary manslaughter, which involves the intentional killing of another person. For example, if a person’s home is being burglarized and the homeowner kills the robber when the robber could have been stopped without deadly force, the homeowner may be found guilty of voluntary manslaughter. Of these two serious offenses, involuntary manslaughter is considered a lesser crime — though punishment for conviction can still be severe.
Homicide is a legal term for any killing of a human being by another human being. It is often used to describe any situation where one person kills another person intentionally or with malice aforethought. For example, murder is a type of homicide that involves premeditation and planning.
However, all homicides are not necessarily a crime. For example, justifiable homicide is the legal act of killing someone who poses an immediate threat, also known as a lawful homicide. Manslaughter and murder fall under the category of unlawful homicides.
When discussing the difference between manslaughter and homicide, it is important to understand that these two terms refer to different types of criminal acts. Manslaughter is an unlawful killing of another person without prior intent or malice aforethought. Voluntary manslaughter can occur when you kill someone in a moment of intense emotion such as fear, rage, or panic. Involuntary manslaughter occurs when you unintentionally cause the death of another person through reckless, negligent, and/or criminal behavior.
The punishment for involuntary manslaughter in Georgia will depend on the severity and circumstances surrounding the case. According to Georgia’s statute, involuntary manslaughter is punishable by imprisonment for not less than one year nor more than ten years. Additionally, those convicted may face fines and may be required to pay restitution to the victim’s family or survivors as determined by law enforcement authorities or court order. If there are aggravating factors involved such as extreme recklessness or intoxication at the time of offense, this can lead to an enhanced penalty which could include longer sentences with greater fines and restitution payments.
Facing the possibility of manslaughter charges, whether it’s voluntary manslaughter or involuntary manslaughter, is a serious matter and can put you into a frightening situation. If you have been charged with a criminal case of homicide, it’s essential that you seek the best legal representation possible. Contact Phillips Carson Phillips for experienced and knowledgeable criminal defense services. We know how to protect your rights and formulate a strong defense. Call 912-232-0081 to schedule a free consultation to discuss your situation.