Manslaughter and murder are both homicides—the unlawful killing of a human being. Though a serious felony, manslaughter is considered a lesser crime than murder. The distinction between manslaughter and murder depends on the state of mind of the defendant and the nature of the act that caused the death. In some instances, the difference is clear, while in others, it’s more subtle.
This article explains the specific differences between murder and manslaughter and the penalties you might face for a manslaughter conviction.
Differences Between Murder and Manslaughter
Most states define murder as the unlawful killing of another person with “malice aforethought.” Malice aforethought is an age-old legal term that generally means you intended to kill or did so with reckless indifference to human life, without legal justification. Manslaughter is also an unlawful killing, but without “malice aforethought.” Confusingly, states differ on the exact meaning of malice, so that the same criminal conduct might be called manslaughter in one state and some degree of murder in another.
In most states, the law includes at least two categories of manslaughter—voluntary and involuntary. We'll look at these two types of manslaughter more closely below, but first, we'll address a few other general categories of murder and manslaughter.
Intentional and Reckless Homicides
A homicide where the perpetrator intends to kill or does so with reckless indifference to human life can be either manslaughter or murder, depending on the circumstances of the case and, to some extent, the laws of the particular state. The discussion below of voluntary and involuntary manslaughter should help clarify these ideas.
First-Degree Murder
In most states, first-degree murder (sometimes called aggravated murder) is an unlawful killing that’s willful, deliberate, and premeditated. For the killing to be “willful,” the defendant must have acted with the intent to kill another person. Proof of deliberation and premeditation requires showing the defendant formed the intent to kill before committing the murder. However, planning or contemplating far in advance of the murder isn’t required. It’s usually sufficient that the intent to kill precedes the murder by a sufficient length of time (even if only a few moments) to permit reflection.
Second-Degree Murder
The definition of second-degree murder varies by jurisdiction, but it generally includes murder that’s committed:
- intentionally or knowingly but without premeditation
- recklessly with extreme indifference to human life, or
- with the purpose of causing serious physical injury.
Many states define second-degree murder as all other murders that aren’t classified as first-degree murder.
Felony Murder
When a perpetrator kills someone while committing another inherently dangerous felony (such as during a bank robbery), the killing will almost always be murder under the "felony murder" rule, not manslaughter.
Misdemeanor Manslaughter
A homicide that’s caused by a perpetrator while committing a misdemeanor or non-inherently dangerous felony will usually be manslaughter, as opposed to murder.
Types of Manslaughter Charges
Typically, states have two general categories of manslaughter: voluntary and involuntary. Below, we explain the different types of homicides that can fall under one of these categories.
Voluntary Manslaughter
With voluntary manslaughter, the defendant intends to kill or does so with reckless indifference to human life. Reckless indifference might include intending to inflict serious injury on the victim or committing an inherently dangerous felony. In most states, a person who kills with any of these mental states could be guilty of murder. However, in these states, the existence of certain circumstances (explained below) will “displace” malice aforethought and reduce the crime to manslaughter.
Heat-of-Passion Manslaughter
A defendant who commits a homicide in the heat of the moment and after substantial provocation (usually by the victim), will ordinarily be culpable of voluntary manslaughter rather than murder. The provocation must be significant enough to cause an average person to act rashly and without thinking. And if there’s a substantial period of time between the provocation and the killing—a “cooling off” period—it’s unlikely the homicide will be reduced to voluntary manslaughter.
Imperfect Self-Defense Manslaughter
Self-defense is a complete defense to a homicide charge, meaning you can’t be convicted of murder or manslaughter if you justifiably kill another person to protect yourself. For a killing to be justified as self-defense, the defendant must reasonably believe that force is necessary for self-protection against an immediate threat of harm, and lethal force is an appropriate response to the threat. But what if the defendant sincerely believes that lethal force is necessary, but the belief is unreasonable?
In some states, a murder charge can be reduced to voluntary manslaughter based on “imperfect self-defense” where the defendant actually believes that force is necessary and that lethal force is appropriate, but at least one of these beliefs is unreasonable.
Prosecutors often charge murder and manslaughter simultaneously for the same homicide, because manslaughter is a “lesser-included offense” of homicide. Or, when only murder has been charged but enough evidence exists that, if believed by the jury, would justify a voluntary manslaughter conviction, the judge might instruct the jury that they have this option as well as murder. This means that for a single homicide you could be convicted of murder or manslaughter, but not both.
Involuntary Manslaughter
Voluntary manslaughter typically refers to unintentional killings where the perpetrator is either criminally negligent or accidentally kills someone while committing a misdemeanor or non-inherently dangerous felony. In many states, involuntary manslaughter can be based on the violation of a misdemeanor only if the misdemeanor statute was designed to protect people, or the defendant violated the statute in a manner that shows disregard for the safety of others.
The penalties for manslaughter vary by state. Most manslaughter (whether voluntary or involuntary) offenses are felonies, but manslaughter can also be a misdemeanor in some situations.
Manslaughter as a Misdemeanor
When manslaughter is a misdemeanor, it typically carries up to a year in jail and a maximum fine of $1,000 or so. And if the offense involves driving, license suspension or revocation is usually mandated or at least a possibility.
Manslaughter as a Felony
Felony manslaughter carries more serious penalties than misdemeanor offenses. Felony manslaughter normally carries between one and 15 years in prison and thousands of dollars in fines. And, again, if the offense involved driving, license suspension or revocation is likely.
Although these penalties might seem severe, they are usually quite a bit less serious than those that result from a murder conviction. In many cases, murder carries up to life in prison or the death penalty.
Manslaughter charges are extremely serious. If you've been arrested for or charged with manslaughter, you should get in contact with a criminal defense attorney who has experience with homicide cases. As you might have gathered from this article, homicide law is complicated and a good defense can really make a difference.