What is the Law on manslaughter in Virginia and What are the Punishments for it?
This piece provides an understanding through the intricacies of the meaning of Manslaughter, it's major types, levels/ degrees of manslaughter and the penalties for committing manslaughter in Virginia, a southeastern U.S. state.
Meaning: The term Manslaughter can be defined as an illicit, heinous, deliberate act of killing a human being by the other, in the absence of a malice motive. The term manslaughter is also presented and defined under the common law system. Manslaughter is considered as an extremely serious offense in most of the countries across the globe.
Manslaughter is considered different from murder as the latter is marked by the presence of malice motive. The blameworthiness is less in manslaughter and it is considered less severe on moral grounds as first mentioned by Draco, a legislator from Athens in 7th century BC.
Major types of manslaughter: A manslaughter has the following major types:
(1) Voluntary manslaughter: The manslaughter that occurs when an individual provokes another individual to a degree that is adequate enough to provoke a normal person to lose his calm and self-control and kill another one is called voluntary manslaughter. In this, the crime is not planned in advance. It is more of a crime done in a sudden heat of the moment such as killing a burglar by a woman during a house robbery.
(2) Involuntary manslaughter: The manslaughter in which an individual kills another in absence of any intention is called involuntary manslaughter. It can further be classified into :
(a) Constructive manslaughter: A killing without intent while committing a prohibited act further resulting in killing and thus the person constructively gets guilty of manslaughter too is called constructive manslaughter. A person trying to disobey the civil laws indulges in a fight with another person or peace officer and kills them.
(b)Criminally negligent manslaughter: When a person due to carelessness or not discharging their duty well, kills another person comes under criminally negligent manslaughter. Such as a doctor who doesn't treat the patient well and the patient dies because of it.
(c) Manslaughter by the vehicles or dosages of toxins/poison/venom
Levels of manslaughter: Under the laws of various countries, manslaughter is seen usually under different levels called degrees. Commonly, three levels of manslaughter are as follows:
(A) First-degree Manslaughters: A person with the direct intention of killing a person or injuring a person seriously comes under the first-degree manslaughter.
(B) Second-degree manslaughters: A person when kills another person thoughtlessly or hastily comes under second-degree manslaughter.
(a) Aggravated second-degree manslaughter: A person when kills another person thoughtlessly or hastily who's a peace officer or an officer appointed by the government and discharging his duties.
What are the general laws for manslaughter in Virginia?
Code of Virginia §18.2-35 defines voluntary manslaughter as mentioned in the law of Virginia. In Virginia, the manslaughter and voluntary manslaughter are totally different from each other. Both of these involve deliberately killing an individual.
But in case of voluntary manslaughter, the accused lose his self-control and senses thereby resulting in killing another individual, all by impulsively. Here, death may be the result of mere emotional excitement. It is also seen as a crime which is caused as a result of responding in heat of the moment. This also occurs when a person is acting in self-defense and reacts massively and thereby results in the death of another person.
Penalties and punishments concerned with manslaughter in Virginia:
The law of Virginia takes manslaughter as a serious offense and is subjected to the punishment accordingly. As a result of this, the following are the punishments decided by the law for the manslaughter in this U.S. state:
(A) The person guilty of manslaughter in the voluntary form is accused of Class 5 offense.
(B) The person guilty of manslaughter in the involuntary form is jailed for not less than one year and not more than 10 years.
Fines in case of Manslaughter: In the case of class 5 offense, a fine of not more than $2500 is imposed on the accused.
How to get away from Voluntary Manslaughter Charges? : There are various ways to get away from the charges of manslaughter in Virginia such as:
1) The accused is actually innocent
2) For the protection of self
3) Dosage of toxins being injected
4) Killing accidentally