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 Virginia, manslaughter is categorized into two types: voluntary and involuntary manslaughter, similar to many other states. Voluntary manslaughter occurs when a person kills another without premeditation but in the heat of passion or during a sudden quarrel. This could also include killings that occur while the defendant is under the influence of a sudden and intense passion resulting from adequate provocation. Involuntary manslaughter in Virginia involves an unintentional killing that results from recklessness or criminal negligence, such as a fatal accident caused by drunk driving. Both types of manslaughter are considered felonies in Virginia. The specific statutes detailing manslaughter and associated penalties can be found in the Virginia Code, particularly under the criminal offenses section. The penalties for manslaughter convictions in Virginia can be severe, including lengthy prison terms, and are influenced by the circumstances of each case and the presence of any aggravating factors.