If you’ve been accused of manslaughter in Georgia, it is imperative that you understand how the offense is defined and the potential consequences of a conviction. Continue reading and enlist the help of an experienced Cobb County criminal lawyer today.
How is Manslaughter Defined in GA?
Manslaughter is a form of criminal homicide recognized under Georgia law and involves the unlawful killing of another person. However, unlike murder, a manslaughter offender does not take a person’s life intentionally or with malice aforethought. It was not planned out in advance and is often accidental.
What Types of Manslaughter Are Recognized?
There are generally two types of manslaughter recognized by Georgia law: voluntary and involuntary. Voluntary manslaughter is committed when a person “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…”
Essentially, voluntary manslaughter occurs when a person purposefully causes another person’s death as a result of a sudden and intense emotional state caused by a provocation that would cause a reasonable person to lose control. There must also not have been a “cooling off” period in between the provocation and the killing that would have allowed the perpetrator to calm down or think rationally.
Involuntary manslaughter occurs when a person, in the commission of an unlawful act, “causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony,” OR, in the commission of a lawful act in an unlawful manner, “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.”
Involuntary manslaughter is truly accidental, and the offender had no intention of killing the victim, either beforehand or in the moment. However, they acted with such carelessness or recklessness that it resulted in the individual’s death.
How is Manslaughter Penalized in GA?
Voluntary manslaughter is the most serious form of manslaughter and can result in a prison sentence of 1 to 20 years and fines determined by the court. Depending on the situation, additional penalties could be imposed, like counseling, restitution for the victim’s family, the loss of the right to own a firearm, etc.
For involuntary manslaughter, the penalties depend on the specific circumstances of the offense. If the crime involved an accidental death during the commission of a crime, the offense is punishable by 1 to 10 years in prison and substantial fines.
However, if involuntary manslaughter was committed during a lawful act due to the perpetrator’s negligence, the offense could be considered a misdemeanor punishable by up to 1 year in jail and a $1,000 fine.
It’s important to note that courts generally have discretion when determining the penalties for a manslaughter conviction. Sentencing will be based on case-specific factors, like the defendant’s criminal history and aggravating or mitigating circumstances. For more information, reach out to a skilled attorney today.
