Manslaughter

What Is Manslaughter?

Manslaughter in Georgia applies to an allegation of an unlawful killing without malice aforethought. This effectively means that a person has taken unplanned action that resulted in the death of a person. Actions can be spontaneous such as a person acting in a sudden heat of passion after serious provocation (voluntary), or when a death occurs due to unlawful or reckless conduct (involuntary). Manslaughter is one of Georgia's Seven Deadly Sins crimes. The specific types of manslaughter charges in Georgia are:

Voluntary Manslaughter: O.C.G.A. § 16-5-2

A person commits the offense of voluntary manslaughter when he causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as the result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.

Misdemeanor Involuntary Manslaughter O.C.G.A. § 16-5-3

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.

A person commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm.

Aggravated Involuntary Manslaughter O.C.G.A. § 16-5-3.1

Aggravated involuntary manslaughter in Georgia is a severe felony offense applicable when a person unintentionally causes another person's death by manufacturing or selling a substance represented as a controlled substance that actually contains fentanyl.

Defense Strategies for Manslaughter Charges

A summary of defense strategies: conduct a review to confirm whether or not the case facts meet the specific requirements for the charge of manslaughter. Specifically, our defense attorneys may challenge the prosecution to prove the accused acted with recklessness or bad intent.

Additionally, examine evidence such as witness statements, video footage, and forensic evidence. In some cases, self-defense or defense of others are plausible arguments.

Manslaughter Punishments

Per Georgia law O.C.G.A. § 16-5-2 - 16-5-3, conviction of Voluntary Manslaughter (felony) results in 1-10 years in prison. Conviction of Involuntary Manslaughter (misdemeanor or felony) can bring up to 1 year in jail. Conviction of Aggravated Involuntary Manslaughter (A severe charge for acts reflecting an extreme disregard for human life), can result in 10-30 years, or life, in prison. Any conviction establishes a permanent criminal record which can hinder future housing, employment, and travel opportunities.

Georgia Law: O.C.G.A. § 16-5-2 - 16-5-3

Click the following link to see the full law for manslaughter in Georgia. The circumstances of your situation may allow your lawyer to fight for dismissal or changing the charge to a lesser offense. Always keep in mind, an arrest is not a conviction.

Contact a Manslaughter Attorney

If you are being investigated for, or charged with, manslaughter we recommend calling our law firm as soon as possible. We understand the urgency of the matter, and respond quickly to all calls and online inquiries to hire a criminal defense lawyer. Get control of your situation. Call 678-880-9360 to schedule a free consultation with a criminal defense attorney.