Being criminally charged with the violent crime of manslaughter is similar to murder in that it falls under the category of homicide under Georgia law. It differs, however, in that it typically does not incorporate actions of premeditated thought. Manslaughter does not include intentions or a thought-out plan. It, instead, is typically an accident or the result of being provoked. Is there just one blanket term for manslaughter? Actually, no. According to the law, manslaughter can further be divided into two separate criminal charges: involuntary manslaughter and voluntary manslaughter. Below, you find a breakdown of the differences between each of these types of manslaughter, as defined by an Atlanta criminal attorney at The Law Office of Judy Kim, P.C.
According to the 2010 Georgia code, § 16-5-2, voluntary manslaughter pertains to committing homicide that could be considered murder except for the timeliness of the act. This is usually considered acting in the “heat of the moment.” Voluntary manslaughter is not an accident, but neither is it a cold-blooded act. Instead, it is considered to be the act that erupts from a sudden, emotional outburst after considerable excitement or provocation.
To be considered voluntary manslaughter, the act must have taken place very shortly after the provocation occurred. If there was a time period upon which the defendant could have “cooled down” and gained more rational thought, it will typically be charged as murder. Criminal charges of voluntary manslaughter are serious; if convicted, the defendant will be facing up to 20 years of incarceration.
Different then voluntary manslaughter, the act of involuntary manslaughter had no intentions of killing another person. Under the 2010 Georgia code, § 16-5-3, this is defined as committing an unlawful act in a way that accidently caused the death of another person. The only intention of the defendant can to be carrying out the unlawful act – not to commit homicide. If convicted, the defendant will be facing up to ten years of imprisonment.
Similarly, involuntary manslaughter can be charged if the defendant was proceeding to carry out a lawful act. Even if there was no criminal intent of any kind, a defendant can find that they are facing criminal charges relating to involuntary manslaughter. Under this definition, the lawful act must have been committed in an unlawful way in which reasonable consideration would have known that it could have resulted in injury or death to another person. If convicted of this, the defendant will be facing a misdemeanor.
Attorney Judy Kim knows how frightening it can be to deal with a criminal charge relating to manslaughter and is fully devoted to helping you to protect your freedom. Should you secure the legal representation of a criminal defense lawyer from her firm, you can breathe easier knowing that you are no longer expected to handle the case on your own.
With meticulous care and an unwavering dedication to the outcome of your case, you can trust that you will be given the full-supported guidance that you deserve. No stone will be left unturned and no detail left unaddressed in the effort to help build your case. Judy Kim knows that there is nothing more important than you future and will therefore do everything possible to help combat the criminal charges that you are currently facing.