- August 5, 2018
- Posted by: Priscilla Bowman
- Category: Lawyers, Legal Law, Legal Procedure
A lot of people does not know or question what will happen to a person if he suddenly kills someone without an intent to or killing someone because of self-defense. This is a very important knowledge for all of us, in this blog site we are changing the public’s eyes on how they see a serial killer and an absent-minded driver properly. Penalties and sentence are different from every state or every country but there is a guide which is called federal sentencing guidelines that tells the person will be put in jail for 10 to 16 months if they committed such crime.
There will be different penalties base on the judge’s decision on base on the case, it will also affect the case if the person has any criminal records in his pocket. So how can you determine if it is a voluntary or involuntary manslaughter a person has committed?
Voluntary manslaughter
Provocation, this is the most common case you can hear when someone kills after he is provoked, this is where a person loses control of himself and kills someone. Most cases are people provoked by other and having the intent to hurt them but most of them do not have the intent to kill but due to the heat of the moment most of them lose control of themselves and do things that they will surely regret after.
Self-defense, if you suddenly killed someone because it was self-defense make sure you are right, self-defense doesn’t mean you have to kill someone but if things are getting tight and you have no choice then it should be considered in the court but if the judges see that something is off you can still go to jail.
Intoxication, if you are under the influence of alcohol or drugs and having to kill a person you are most likely to be filed with manslaughter instead of murder. But it does not mean you do not have to be on jail, it just means that the case is lighter but if you will agree to go in in a rehab program and change your lifestyle this can give you a lesser time to stay in jail.
Involuntary manslaughter
Constructive manslaughter, if you are planning to do a non-violent crime such as theft and you suddenly killed the person you are robbing because he fights back and due to your struggle you are forced to kill the person. But this kind of crime is lighter than the listed in the voluntary manslaughter. Another thing is driving while drunk and bump someone, even though you do not have the intent to kill but you already killed someone this will still lead you to jail but the main case will be driving while drunk and it will be a lesser case that the one listed above.
Negligent manslaughter, well this one is more complicated and the lesser case amongst all an example is if someone dies just because you did not help him or warn him.