What Is Manslaughter?
Manslaughter is the unlawful killing of another person that isn’t considered murder because of a surrounding or mitigating circumstance. Manslaughter is usually the charge of the prosecution when the killer did not plan to kill.
What Is the Difference between Manslaughter and Murder?
Manslaughter and murder are different when determining the defendant’s state of mind. The defendant state of mind when he kills defines the difference between murder and manslaughter. Murder usually requires malice, premeditation, and planning. Manslaughter is the unlawful killing of a human being without malice, but with conscious disregard to human life or recklessness and/or criminal negligence.
Murder is usually mitigated to manslaughter because of mitigating factors and circumstances that surrounded around the killing.
Two Types of Manslaughter
There are two main types of manslaughter, voluntary and involuntary.
1) Voluntary Manslaughter
Voluntary manslaughter is an act of killing that would usually be defined as murder, but the killing was committed in response to an adequate provocation. If there was adequate provocation that resulted in the killing, the criminal charges are reduced from murder to voluntary manslaughter.
Adequate provocation is something that is sufficient to incite a normal person to sudden and intense passion. Courts commonly accept these types of Adequate Provocation:
- Conduct or act sufficient to deprive a reasonable person of self control
- The provocation actually provoked the defendant
- The time between the provocation and the actual killing cannot be long enough for reasonable person to cool off
- The defendant actually never cooled off
2) Involuntary Manslaughter
Involuntary manslaughter is when a person unintentionally kills another person due to a lack of care. Involuntary manslaughter generally occurs on two occasions:
- Where there is a death attributed to recklessness or criminal negligence
- From an unlawful act that is a misdemeanor or a low-level felony
For example, in vehicular manslaughter, a death occurs during a traffic violation such as driving under the influence.
Seeking Legal Help
The Criminal Code of Canada defines a range of offences in this particular field. These include first and second degree murder, manslaughter and attempted murder. The specific type of offence that a person is charged with depends on the circumstances surrounding the act. Both first degree and second degree murder convictions carry a mandatory life sentence. In the first case, there is eligibility for parole after 25 years. In the second case, the individual is eligible to parole after 10 years and after 25 years. There is no minimum sentence for manslaughter while the maximum one is life in prison. The situation of any accused person is extremely serious, but Murder & Manslaughter Lawyer Hamilton is ready to help. Our work begins with providing detailed legal consultation. The accused will receive detailed explanation of the situation and full advice for deciding on the best way to go.
When we are hired to provide legal representation, the work will be focused entirely on achieving the best possible outcome. Our clients can count on us at their bail hearing as well as throughout the trial. The work on the case begins with its thorough investigation. The lawyer is supported by a team of diverse specialists and will work with external experts to build the strongest possible defence case. The strategy will be meticulously developed taking into account even the smallest details.
Our clients receive full personal support at all stages of the legal process going beyond preparation for the hearings. Your Murder & Manslaughter Lawyer Hamilton will be ready to answer any question thoroughly and quickly. We do everything necessary to boost the confidence of our clients. The lawyer will fight with passion and persistence using all possible legal tools. If obstacles come up, they will be overcome effectively with great skill. Our focus will be on achieving the set goal.
For legal services in case of murder or manslaughter charges, turn to us without delay.