Under the law in most states, misdemeanor manslaughter consists of killing someone in the commission of a non-felony offense, or in the commission of a misdemeanor. Misdemeanor manslaughter is sometimes referred to as “constructive manslaughter” or “unlawful act manslaughter.”
The crime is a form of involuntary manslaughter, which is the offense whereby you cause the death of another person because of some unlawful act, or a lawful act that you commit without due caution.
The penalties for misdemeanor manslaughter depend on the facts of a particular case and the laws of the state where you allegedly committed the crime. Usually, though, a prosecutor can charge the offense as either a misdemeanor or a felony and a conviction is punishable by:
- time in county jail or state prison, and/or
- extensive fines.
The crime is often compared to, and contrasted with, the offense of felony murder. People are generally guilty of felony murder if they kill someone during the commission of a felony. But keep in mind that state laws vary considerably on how they precisely define the crime.
1. What is the legal definition of “misdemeanor manslaughter”?
Misdemeanor manslaughter is the crime where you unintentionally take a human life during the commission of a misdemeanor.1
A misdemeanor offense is a crime just short of a felony that is often punishable by less than one year in county jail.
Most states that recognize misdemeanor manslaughter do not require any type of mental state (for example, intent) as an element of the crime. This means a prosecutor can convict you of the crime just by showing that you:
- committed a misdemeanor, and
- took some act during the commission of the crime that killed someone.2
Note that the criminal laws of some states say that a killing that takes place during any misdemeanor can result in misdemeanor manslaughter charges.3
But some states say that a prosecutor can only file charges of the crime if the misdemeanor that you committed was:
- serious in nature, or
- designed to protect human life or safety.4
2. What is an example of misdemeanor manslaughter?
Consider the scenario where there is an argument in a bar between two men, John and David.
The men are shouting at one another when John suddenly pushes David. The force of the shove sends David backwards, where he trips over another person’s foot and fatally strikes his head against the bar’s brick wall.
Here, a state could likely file misdemeanor manslaughter charges against John. This is because he killed a person while committing a misdemeanor. Namely, he committed the misdemeanor offense of battery when he pushed David.5
3. Is the crime a form of involuntary manslaughter?
Yes. Misdemeanor manslaughter is a type of involuntary manslaughter.
The definition of “involuntary manslaughter” varies between different jurisdictions. However, the crime is generally viewed as an unintentional killing that takes place during either:
- the commission of an unlawful act that is short of a felony, or
- the commission of a lawful act performed without proper caution, or with gross negligence or criminal negligence.6
Note, though, that there are two types of manslaughter. These are involuntary and voluntary.
Voluntary manslaughter is the unlawful killing of a human being that is done:
- without malice aforethought, and
- under circumstances falling short of willful, premeditated, or deliberate intent to kill.
An example of voluntary manslaughter is when a person kills another in the “heat of passion.”
4. What is felony murder?
Misdemeanor manslaughter cases are often compared to felony murder cases.
In general, you commit the offense of felony murder if you:
- commit an act during the commission of a felony, and
- the act results in someone’s death.7
Note, though, that states vary considerably on how they define the crime. Many have tried to limit the offense by saying that:
- only certain underlying felonies can trigger the crime,
- the felony must be a direct or immediate cause of the death, and
- the felony must be independent of the homicide.8
Felony murder is a separate and distinct charge than first-degree or second-degree murder charges.
5. Can a criminal defense lawyer help?
Yes. If you or a loved one is facing manslaughter charges (including vehicular manslaughter), it is critical to consult with a criminal defense attorney for help.
A defense lawyer can help you understand the laws surrounding your case and help you raise a legal defense (for example, self-defense) to contest any manslaughter charges you may face.
Note that most defense attorneys and firms offer free consultations, which means you can receive legal advice at no cost.
Additional reading
For more in-depth information, refer to these scholarly articles.
- Unintentional Killings – Texas Tech Law Review article providing a detailed discussion of homicide crimes without premeditation or voluntary actions.
- Involuntary Manslaughter: Review and Commentary on Ohio Law – Ohio State Law Journal.
- Criminal Law: Involuntary Manslaughter: Presence as a Prerequisite to Liability for Permitting an Incompetent to Drive an Automobile – Michigan Law Review.
- The Misdemeanor Manslaughter Doctrine under Modern Statutes – Kentucky Law Journal.
- Murder and Manslaughter in Mississippi: Unintentional Killings – Mississippi Law Journal.
Legal References:
- See, for example, 21 Oklahoma Statute 2011, 711(1).
- See, for example, State v. Ceasar (2010) 237 P.3d 792.
- See, for example, 21 Oklahoma Statute 2011, 711(1).
- See, for example, Kansas Statute 21-5405.
- For an example of a state’s battery statute, see California Penal Code Section 242 PC.
- Black’s Law Dictionary, Sixth Edition – “Manslaughter.”
- Black’s Law Dictionary, Sixth Edition – Felony murder doctrine.”
- Same.
