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 West Virginia (WV), manslaughter is categorized into voluntary and involuntary manslaughter, aligning with the general distinction made in many states. Voluntary manslaughter occurs when a person kills another without premeditation but in a sudden heat of passion caused by provocation that would disturb a reasonable person. Involuntary manslaughter in WV involves the unintentional killing of another person due to reckless or negligent behavior, such as a fatal accident caused by drunk driving. Manslaughter is considered a felony in West Virginia, and the penalties can be severe, including lengthy prison terms. The specifics of these laws and the associated penalties are detailed in the West Virginia Code, particularly within the sections that address crimes and their punishment. It's important to note that the exact penalties and definitions may vary, and aggravating factors can influence the severity of the charges and the resulting sentence upon conviction.