Involuntary Manslaughter VS. Voluntary Manslaughter

Involuntary Manslaughter VS. Voluntary Manslaughter – What’s The Difference?

In Colorado, the criminal charges of involuntary manslaughter and voluntary manslaughter are differentiated primarily by the mental state of the defendant at the time of the offense. Both crimes involve the unlawful killing of another person, but they are distinguished by the level of intent and circumstances surrounding the act.

It’s important to note that the specific laws and penalties can vary from state to state for Involuntary Manslaughter VS. Voluntary Manslaughter, and legal definitions may be subject to interpretation by courts. Therefore, the following discussion is specific to Colorado law as it stands based on the most recent information available up to January 2022.

Voluntary Manslaughter

Voluntary manslaughter in Colorado is generally considered a lesser offense than murder. The crime usually occurs when a person intentionally causes the death of another person but does so under circumstances that lessen the moral culpability of the act.

In Colorado, voluntary manslaughter is often described as a “heat of passion” crime. In such cases, the defendant kills someone intentionally but does so in the heat of passion, provoked by some event that could cause a reasonable person to lose self-control.

For example, if a person walks in on their spouse in the act of infidelity and, in a momentary emotional frenzy, kills the spouse, they could potentially be charged with voluntary manslaughter rather than murder. The critical element here is that the act was intentional but occurred under circumstances that can provoke a passionate or emotional response.

Involuntary Manslaughter

In contrast, involuntary manslaughter involves the unintentional killing of another person but occurs due to the defendant’s recklessness or criminal negligence. In this instance, the defendant did not intend to cause the death, but their negligent actions created a situation where death was a likely outcome.

In Colorado, this is often categorized as “Criminally Negligent Homicide.“

For example, suppose someone is driving recklessly, ignoring traffic signals, and kills a pedestrian. They may be charged with involuntary manslaughter because they did not intend to kill the pedestrian but engaged in behavior that was recklessly indifferent to human life. The critical element here is the lack of intent to kill, coupled with a level of negligence or recklessness that results in death.

Legal Penalties

The legal penalties for each type of Involuntary Manslaughter VS. Voluntary Manslaughter can vary. In Colorado, voluntary manslaughter is usually categorized as a Class 3 felony, which can result in a prison term of up to 12 years, fines, and other associated penalties. Involuntary manslaughter, or Criminally Negligent Homicide, is often classified as a Class 5 felony in Colorado, which generally carries a lesser sentence, possibly up to 3 years in prison and fines.

It’s crucial to consult with a qualified legal professional for advice tailored to a specific situation, as legal standards and penalties can change and may depend on various circumstances.

In summary, the primary difference between involuntary and voluntary manslaughter in Colorado lies in the defendant’s mental state and intent at the time of the act.

Voluntary manslaughter involves an intentional act done in the heat of passion, while involuntary manslaughter involves an unintentional killing that arises from recklessness or criminal negligence.