Manslaughter is the unlawful killing or homicide of a human being without the premeditation or malice (malice aforethought) required for the criminal offense of murder. Many states have two types of manslaughter: (1) voluntary manslaughter—the defendant intended to kill the victim, but did so in self-defense, or in the heat of passion and without premeditation, or the defendant was insane and did not understand that the killing was wrong; and (2) involuntary manslaughter—the defendant negligently or recklessly caused the death of another person—such as when a person is intoxicated while operating a motor vehicle and causes an accident that results in the death of another person.
Some states do not have separate criminal offenses for voluntary and involuntary manslaughter—these states may have the offense of manslaughter and identify certain aggravating factors that may enhance the penalties upon a conviction for manslaughter. Manslaughter is a felony offense and may be punished by a lengthy prison term. Manslaughter laws are generally located in a state's statutes—often in the penal or criminal code.
In Michigan, manslaughter is defined under Michigan Compiled Laws Section 750.321. The state recognizes both voluntary and involuntary manslaughter. Voluntary manslaughter occurs when someone kills another person in the heat of passion or during a sudden quarrel without premeditation. Involuntary manslaughter, on the other hand, involves unintentional killing resulting from recklessness or criminal negligence, such as a fatal car accident caused by a drunk driver. Manslaughter in Michigan is considered a felony, and the penalties can be severe, including prison time. The specific circumstances of the killing, such as the presence of any aggravating factors, can influence the severity of the sentence. It is important for individuals facing manslaughter charges in Michigan to consult with an attorney who can provide legal advice tailored to the specifics of their case.