The Hive Law

What Is Attempted Manslaughter? (Important Guide To Laws You Need To Know)

What Is Attempted Manslaughter - Attempted Manslaughter Sentence - Attempted Vehicular Manslaughter - Voluntary - Involuntary

What is attempted manslaughter?

In this article, you’ll learn about:

  • what attempted manslaughter is
  • the two types of attempted manslaughter
  • how to avoid attempted manslaughter charges
  • when you’ll get charged with vehicular manslaughter
  • the charges and sentences for attempted manslaughter

Let’s dig in.

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What Is Attempted Manslaughter?

Manslaughter is when you injure someone and they die from the injuries.

With manslaughter, you have the intent to injure, but not the intent to kill.

They happen to die from the injuries.

Which is the unintentional killing of another human being.

Attempted manslaughter is when you attempt to injure someone.

And that attempted injury would have led to their death.

Often something or someone stopped the death, invalidating the manslaughter.

But, you’ll still get charged with attempted manslaughter.

Without the right criminal defense lawyer, you can get charged with attempted murder.

Read More: Difference Between 1st, 2nd, and 3rd-Degree Murder

Definition Of Attempted Manslaughter

Attempted manslaughter is when you attempt to cause injuries that would lead to death.

The intention is not to kill someone, but to injure them in the heat of passion.

There is no premeditation or malice aforethought with attempted manslaughter.

If there was premeditation, then that would be first-degree murder.

Without premeditation, attempted murder turns into second-degree murder under criminal law.

Read More: How Many Murders Go Unsolved?

Two Types Of Attempted Manslaughter

Let’s talk about the two types of attempted manslaughter.

And what causes manslaughter to become “attempted” in both cases.

Attempted Voluntary Manslaughter

Voluntary manslaughter is killing someone:

  • in the heat of passion
  • in response to provocation

With attempted voluntary manslaughter, you intended to kill someone:

  • in the heat of passion
  • in response to provocation

But, someone prevented the other person from dying.

That could be that:

  • someone broke up the fight
  • an EMT saved the victim’s life
  • a doctor saved the victim’s life

It becomes attempted voluntary manslaughter if someone prevents the victim’s death.

You’ll still get charged with attempted voluntary manslaughter when their death was prevented.

Attempted Involuntary Manslaughter

Involuntary manslaughter is causing the death of another person by either:

  • recklessness
  • criminal negligence

Recklessness means you were aware of the risk you were creating.

Gross negligence means you:

  • weren’t aware of the risk you were creating
  • you should have been aware of the risk you were creating

It becomes attempted involuntary manslaughter if someone prevents the victim’s death.

You’ll still get charged with attempted involuntary manslaughter when their death was prevented.

Attempted Vehicular Manslaughter

Vehicular manslaughter is causing the death of another person by:

  • illegal driving of an automobile
  • drunk driving
  • reckless driving
  • speeding

Victims of vehicular manslaughter can be:

  • a bystander
  • a pedestrian
  • a cyclist
  • a motorist in another vehicle
  • a passenger inside your vehicle

Attempted vehicle manslaughter is when the death of another person gets prevented.

Let’s say you were drunk driving, hit someone, they went into a coma, and came out of it.

The doctor then testifies that the person’s death was prevented.

In this case, you didn’t commit vehicular homicide because the person lived.

But you did commit attempted vehicular homicide because their death was prevented.

But, if left untreated, your actions would have given them injuries that would have killed them.

In this case, your DUI case turns into an attempted manslaughter case.

Attempted Manslaughter Sentence

You do not have to have the intent to kill someone to get attempted manslaughter charges.

The prosecutor just has to prove you acted in a way that would cause:

  • an inexcusable death
  • an unjustifiable death

The minimum attempted manslaughter sentence is 1 year in Georgia.

The maximum attempted manslaughter sentence is 40 years in Louisiana.

The average attempted manslaughter charge is mandatory 5 – 10 years in prison.

For example, in Florida, for attempted manslaughter, you’ll get:

  • 5 years in prison
  • a $5,000 fine

Avoiding Attempted Manslaughter Charges

You cannot get charged with attempted manslaughter if the potential killing was:

  • excusable
  • justifiable

Attempted manslaughter is excusable if the act was:

  • not illegal
  • not with illegal intent
  • usual ordinary caution

Attempted manslaughter is justifiable if the act was:

  • preventing their own murder
  • in self-defense
  • protecting another human life
  • preventing the death of another person

These criminal charges are serious charges.

Without the right criminal defense lawyer, your manslaughter case can turn into attempted murder charges.

Fill out the form on this page for a free consultation with our law firm.

We can create a defense strategy that helps you avoid felony murder charges.

Getting An Attempted Manslaughter Lawyer

If you are facing conviction of attempted manslaughter, fill out the form on this page.

Our criminal defense attorneys have the experience you need to defend your rights.

This way, you don’t:

  • get wrongfully convicted
  • spend decades in jail needlessly
  • never see your family or loved ones again
  • get wrongfully accused by police officers

You deserve a fair trial in the criminal justice system.

We can provide you with that.

Talk soon.

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