Missouri law recognizes several degrees of unlawful killing. The difference between voluntary and involuntary manslaughter can affect the charge and the sentence. Understanding how Missouri defines each offense and what the prosecution must prove can help explain the legal situation.
How voluntary manslaughter is defined
Under Missouri Revised Statutes § 565.023.1, voluntary manslaughter occurs when a person causes another person’s death in a case that would otherwise be second-degree murder. The person must act out of sudden passion caused by adequate provocation. This means the person acted in the heat of the moment after something happened that could cause a reasonable person to lose self-control.
Courts consider whether the provocation was enough to cause a person of ordinary temperament to lose self-control. They also consider whether the defendant acted while still under that sudden passion. The time between the provocation and the act can affect the charge. If enough time passes for the emotions to cool, voluntary manslaughter charges may not apply.
How involuntary manslaughter differs
Missouri has two types of involuntary manslaughter under § 565.024. First-degree involuntary manslaughter means recklessly causing another person’s death. It is a Class C felony. Second-degree involuntary manslaughter means causing a death through criminal negligence. It is a Class E felony. Neither charge requires proof of heat of passion or an intent to kill, unlike voluntary manslaughter.
Common examples include fatal car accidents caused by reckless driving and deaths caused by other dangerous conduct. Unlike murder charges, involuntary manslaughter does not require proof that a person purposely or knowingly caused a death. Instead, these charges focus on reckless or criminally negligent conduct.
Potential penalties
Missouri law sets different penalties for voluntary and involuntary manslaughter. The felony class and prison term depend on the charge:
- Voluntary manslaughter: Class B felony, with 5 to 15 years in prison
- First-degree involuntary manslaughter: Class C felony, with 3 to 10 years in prison
- Second-degree involuntary manslaughter: Class E felony, with up to 4 years in prison
The court sets the final sentence based on the facts of the case. The judge may consider prior criminal history, aggravating or mitigating factors and applicable sentencing rules. Fines and other penalties may also apply.
How the charge classification affects defense options
Missouri treats voluntary and involuntary manslaughter differently. The difference can affect the sentence, what the state must prove and which defenses may apply. Anyone facing a homicide charge should speak with a Missouri criminal defense attorney. A lawyer can explain what the state must prove and what legal options may fit the facts of the case.