Manslaughter Charges and Penalties in Georgia

Manslaughter Charges and Penalties in Georgia

Manslaughter is a serious crime in Georgia that involves causing the death of another person. There are two main types of manslaughter that a person can be charged with under Georgia law: voluntary manslaughter and involuntary manslaughter. Understanding the differences between these charges, the penalties you may face, and possible defenses is important if you have been accused of manslaughter in Georgia.

Voluntary Manslaughter

Voluntary manslaughter occurs when someone intentionally kills another person, but does so in the heat of passion after being seriously provoked. For example, if someone catches their spouse cheating and kills the spouse or their lover in a fit of rage, they could be charged with voluntary manslaughter rather than murder.

The key elements of voluntary manslaughter are:

• The killing was intentional – The defendant intended to kill the victim
• The killing occurred in the “heat of passion” – The defendant was seriously provoked and acted rashly, without premeditation
• A reasonable person would have been provoked – The provocation would cause a reasonable person to lose self-control

Voluntary manslaughter is still a very serious felony charge in Georgia. If convicted, you face 1 to 20 years in state prison. Here are some other potential penalties for a voluntary manslaughter conviction:

• Permanent criminal record visible to employers, landlords, etc.
• Loss of voting rights until sentence completed
• Loss of right to own a firearm
• Difficulty obtaining professional licenses
• Reputational damage

So even though voluntary manslaughter implies you acted in the heat of passion and not with premeditation, a conviction still carries severe lifelong consequences. That is why having an experienced criminal defense attorney is essential if you are facing this charge.

Involuntary Manslaughter

Involuntary manslaughter is when someone unintentionally causes the death of another person through reckless actions or criminal negligence. There are two types of involuntary manslaughter in Georgia:

1. Unlawful Act Involuntary Manslaughter

This occurs when someone causes an unintentional death while committing an unlawful act that is not a felony. For example, if someone gets in a shoving match and unintentionally shoves the victim in a way that causes them to fatally hit their head, this could be involuntary manslaughter during an unlawful act like misdemeanor battery.

Unlawful act involuntary manslaughter is a felony punishable by 1-10 years in prison in Georgia.

2. Lawful Act Involuntary Manslaughter

This occurs when someone unintentionally causes a death while committing a lawful act in an unlawful or criminally negligent manner. For example, if someone discharges a firearm in a criminally negligent way and unintentionally shoots someone, this could be involuntary manslaughter during a lawful act (discharging a firearm) done in an unlawful manner.

Lawful act involuntary manslaughter is a misdemeanor in Georgia punishable by up to 12 months in jail and a $1,000 fine.

As with voluntary manslaughter, involuntary manslaughter charges also carry severe penalties and lifelong consequences even though the killing was unintentional. Having an attorney who understands Georgia’s manslaughter laws and how to build an effective defense is critical.

Defenses to Manslaughter Charges

There are defenses that your attorney may be able to raise on your behalf to fight a manslaughter charge in Georgia, such as:

• Self-Defense – If you acted in self-defense or defense of others against an imminent threat, this can be a defense to involuntary manslaughter but generally not to voluntary manslaughter since you intended to kill the victim.
• Accident – If the death was a true accident that occurred through no criminal negligence or recklessness on your part, this may defeat an involuntary manslaughter charge. However, this defense rarely succeeds since the prosecution just needs to show recklessness.
• Provocation – In a voluntary manslaughter case, if the provocation was not sufficiently serious for a reasonable person to lose self-control, this could defeat the charge and lead to an acquittal or reduction to involuntary manslaughter.
• Mental State – Evidence of your mental state, such as diminished capacity, could potentially reduce a murder charge to voluntary manslaughter or defeat the reckless mens rea required for involuntary manslaughter.
• Intoxication – Evidence you were involuntarily intoxicated could potentially show lack of the requisite recklessness for involuntary manslaughter.

Having an experienced criminal defense attorney evaluate the facts of your case is important, because manslaughter laws can be complex, and the appropriate defense depends on the specific circumstances of your case.

Sentencing and Penalties if Convicted

If you are convicted of felony involuntary manslaughter in Georgia, you face 1-10 years in state prison. For misdemeanor involuntary manslaughter, up to 12 months in county jail. For voluntary manslaughter, you face 1-20 years in prison.

In addition to jail or prison time, these additional penalties come with a manslaughter conviction in Georgia:

• Lifelong criminal record
• Potential loss of professional licenses
• Loss of gun ownership rights
• Loss of voting rights until sentence complete
• Difficulty finding employment, housing, getting loans

Furthermore, a manslaughter conviction means you will be ineligible for first offender treatment in Georgia. This means the conviction will remain permanently on your record rather than being discharged upon completion of probation.

Hiring an Experienced Manslaughter Defense Attorney

Due to the very serious potential penalties you face if convicted of manslaughter in Georgia, having an experienced criminal defense attorney is critical. An attorney can evaluate the evidence against you, advise you of possible defenses, negotiate with the prosecutor, and defend you in court. This provides the best chance of defeating your charges or reducing them so you face less severe penalties.

When choosing a defense attorney, you want to look for these important qualifications:

• Extensive experience defending manslaughter charges in Georgia
• Knowledge of Georgia manslaughter laws and penalties
• Track record of positive case results
• Reputation for aggressive and effective defense
• Resources to thoroughly investigate your case
• Ability to negotiate effectively with prosecutors
• Courtroom litigation skills if your case goes to trial

Don’t leave your future in the hands of just any public defender or attorney. Hire a defense lawyer with specific experience defending manslaughter charges in Georgia and the skills to give you the best chance of the most favorable outcome. The consequences of a conviction are too severe not to have experienced legal representation on your side.

Conclusion

Being charged with manslaughter in Georgia is an extremely serious matter that can result in years or even decades behind bars along with a lifetime criminal record. Your best chance at minimizing the penalties or defeating your charges relies on having an experienced criminal defense attorney on your side. Don’t wait to seek legal help if you are facing manslaughter charges, as you need advice and representation right away to protect your future.