What is attempted manslaughter?
In this article, you’ll learn about:
Let’s dig in.
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.
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?
Let’s talk about the two types of attempted manslaughter.
And what causes manslaughter to become “attempted” in both cases.
Voluntary manslaughter is killing someone:
With attempted voluntary manslaughter, you intended to kill someone:
But, someone prevented the other person from dying.
That could be that:
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.
Involuntary manslaughter is causing the death of another person by either:
Recklessness means you were aware of the risk you were creating.
Gross negligence means you:
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.
Vehicular manslaughter is causing the death of another person by:
Victims of vehicular manslaughter can be:
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.
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:
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:
You cannot get charged with attempted manslaughter if the potential killing was:
Attempted manslaughter is excusable if the act was:
Attempted manslaughter is justifiable if the act was:
These criminal charges are serious charges.
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