“Manslaughter Sentence” – How much time do people get?

A manslaughter sentence can carry over a decade in prison. Each state has its own criminal laws dealing with manslaughter. There are also several different levels of manslaughter offenses. The sentence will depend on the state and the specific level of offense.

Here are five key things to know about manslaughter penalties:

1. Manslaughter is a less serious homicide offense than murder, which is killing with malice aforethought.
2. Voluntary manslaughter comprises “heat of passion” killings. In some states, the prison term is two decades or more.
3. Involuntary manslaughter is an unintentional killing resulting from extreme negligence. Since there is no deliberateness, the prison sentence is usually less than voluntary manslaughter.
4. Vehicular manslaughter is an unintentional killing resulting from a fatal car accident. Penalties are usually more severe if the at-fault driver was drunk as opposed to merely negligent.
5. In addition to incarceration, a manslaughter sentence can include probation, community service, restitution to the surviving family, and fines.

What is the sentence for a manslaughter conviction?

The sentence for manslaughter will depend on the state and the specific type of manslaughter conviction.

For example, in California, voluntary manslaughter is the most severe type of manslaughter offense. The sentencing range is

• 3,
• 6, or
• 11 years in state prison.¹

However, in New York, the most severe manslaughter offense is aggravated manslaughter in the first degree.² The aggravating factor is that it was a police officer who was killed. A conviction for this offense carries a minimum sentence of 10 years in prison, and up to 30 years behind bars.³

The manslaughter jail time is not the only penalty a defendant can face. In California, convictions can also carry additional penalties, such as:

• felony probation,
• fines,
• loss of gun rights,
• a strike under three strikes law,
• drug or alcohol rehabilitation,
• counseling, and
• community service.

In some cases, defendants can also face a wrongful death lawsuit by the victim’s family. This can lead to a substantial civil judgment against the defendant. Avoiding a conviction on these criminal charges is essential. A criminal defense attorney from a reputable law firm can help.

What are the types of manslaughter offenses?

Most states recognize three different types of manslaughter:

1. voluntary manslaughter,
2. involuntary manslaughter, and
3. vehicular manslaughter.

All of these offenses involve the unlawful killing of another human being. However, they are all less severe than murder because murder requires premeditation and a malicious intent to kill.

Voluntary manslaughter

Generally, voluntary manslaughter is the crime of unlawfully killing someone while in the heat of passion, in a sudden quarrel, or based on an incorrect belief of self-defense.⁴ It is sometimes referred to as first-degree manslaughter.⁵

Voluntary manslaughter is the most severe of the 3 types of manslaughter. It is a felony. In California, the sentencing range for voluntary manslaughter is 3, 6, or 11 years in state prison. A conviction also carries:

• up to $10,000 in fines,
• loss of Second Amendment rights,
• a strike under the Three Strikes law, and
• felony probation.⁶

However, voluntary manslaughter in Pennsylvania carries a prison sentence of 10 to 20 years.⁷

Prosecutors often file voluntary manslaughter charges alongside a homicide charge. The voluntary manslaughter charge is often used in a plea deal. Defendants facing first-degree murder or second-degree murder charges can plead guilty to voluntary manslaughter in order to get the murder charges dropped. The legal advice of a criminal defense lawyer is critical in these cases.

Involuntary manslaughter

Generally, involuntary manslaughter is the crime of unintentionally causing the death of another person while either:

• committing a crime that is not an inherently dangerous felony, or
• performing a lawful act with criminal negligence.⁸

However, some states define this offense as killing another human life through a reckless or grossly negligent act.⁹

Because there is no intent to kill, the sentence for an involuntary manslaughter charge is generally lower. However, it is still likely to be a felony offense.

In California, for example, a conviction for involuntary manslaughter carries a sentencing range of 2, 3, or 4 years in state prison. Other penalties include:

• a fine of up to $10,000,
• felony probation, and
• a strike under California’s Three Strikes law, if the killing involved the use of a dangerous or deadly weapon.¹⁰

Some states refer to the offense as negligent homicide.¹¹ Others have separate statutes that define negligent homicide as a different offense from involuntary manslaughter or second degree manslaughter.¹²

Vehicular manslaughter

Vehicular manslaughter, itself, encompasses multiple offenses. Different states divide the offenses differently. In California, they are:

• vehicular manslaughter involving ordinary negligence,
• vehicular manslaughter involving gross negligence,
• vehicular manslaughter while intoxicated, and
• gross vehicular manslaughter while intoxicated.

In Colorado, on the other hand, the offense is called vehicular homicide. It only has two types in that state:

• vehicular homicide, and
• DUI vehicular homicide.¹³

To add to the complications, Colorado’s regular, non-DUI vehicular homicide statute requires the reckless driving of a motor vehicle, not merely negligent driving.

Generally, the sentence for vehicular manslaughter will increase if drugs or alcohol are involved. If the driver was not driving under the influence (DUI), the offense might not even be a felony.

For example, a regular, non-DUI vehicular manslaughter case in California is a misdemeanor if it only involves ordinary negligence. The sentence for these offenses carries up to 1 year in jail and:

• misdemeanor (summary) probation, and
• up to $1,000 in fines.¹⁴

If the non-DUI vehicular manslaughter case involved gross negligence, it is a wobbler. Law enforcement can charge it as either a misdemeanor or as a felony. They often decide based on the circumstances of the criminal case and the defendant’s criminal history. If charged as a felony, these convictions carry a sentencing range of 2, 4, or 6 years in state prison, as well as:

• up to $10,000 in fines, and
• felony probation.¹⁵

Similarly, in Colorado, killing someone while driving recklessly can lead to a prison sentence of 2 to 6 years if the defendant is found guilty.¹⁶

These sentences increase significantly if the driver is intoxicated.

In Colorado, the sentence for DUI vehicular homicide is 4 to 12 years in prison – twice as high as a non-DUI vehicular homicide case. These charges can be filed against anyone who was under the influence and caused a fatality, even if they were not driving recklessly.¹⁷

In California, vehicular manslaughter while intoxicated is the crime of driving under the influence (DUI) and committing an additional act of negligence that leads to the death of another.¹⁸ The offense is a wobbler.

If charged as a misdemeanor, it carries a jail sentence of up to 1 year and:

• summary probation, and
• up to $1,000 in fines.¹⁹

If charged as a felony, the potential prison sentence is up to 4 years, and other penalties include:

• felony probation, and
• up to $10,000 in fines.²⁰

Gross vehicular manslaughter while intoxicated is the crime of killing someone else while driving both under the influence and with gross negligence.²¹ Generally, the prison sentencing range is 4, 6, or 10 years in prison. However, if there is a prior conviction for any of the following criminal offenses on the defendant’s criminal record, it raises the prison sentence to 15 years to life imprisonment:

• vehicular manslaughter while intoxicated,
• gross vehicular manslaughter,
• vehicular manslaughter while operating a boat,
• driving under the influence (Vehicle Code 23152 VC), or
• driving under the influence and causing injury (Vehicle Code 23153 VC).

Convictions also carry:

• felony probation,
• fines of up to $10,000, and
• a driver’s license revocation of at least 3 years.²²

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