What is Manslaughter?
In South Carolina, manslaughter is defined as the unlawful killing of another person without malice aforethought. There are two primary categories: voluntary and involuntary manslaughter. They are both very serious criminal offenses that are classified as felonies and that carry the potential for a long prison sentence. Here, our Columbia violent criminal defense lawyer explains the most important things you should know about manslaughter charges in South Carolina.
Know the Law: Manslaughter in South Carolina
In South Carolina, manslaughter is a serious criminal offense involving the unlawful killing of another person without malice aforethought. There are two categories of manslaughter:
- Voluntary Manslaughter: Voluntary manslaughter is defined as the intentional killing of another person in the heat of passion in a manner that was prompted by sufficient legal provocation. In other words, the defendant was provoked in a manner that would cause a reasonable person to lose self-control. Still, the actual killing was, to some degree, intentional. (South Carolina Code Section 16-3-50).
- Involuntary Manslaughter: Involuntary manslaughter refers to an unintentional killing resulting from criminal negligence or reckless disregard for the safety of others. The crime applies to situations where a person engages in conduct that demonstrates a reckless disregard for human life. There is no intent required. (South Carolina Code Section 16-3-60).
Penalties for Manslaughter in South Carolina
Voluntary Manslaughter
Under South Carolina law, voluntary manslaughter is classified as a Class A felony. Conviction carries a mandatory minimum sentence of two years and a maximum of thirty years in prison.
Involuntary Manslaughter
Involuntary manslaughter is a Class F felony in South Carolina. A conviction can result in a maximum of five years in state prison.
Defending Yourself Against a Manslaughter Charge
You have the right to defend yourself against a manslaughter charge. Every person accused of a crime is presumed innocent until proven guilty in a court of law. Defending a manslaughter charge requires a nuanced understanding of the specific circumstances and evidence. As with other criminal charges, the felony offense must be defended on a case-by-case basis. Some potential defenses include:
- Lack of evidence;
- Mistaken identity;
- No criminal intent; and
- No criminal negligence.
Can Murder Be Pleaded Down to Manslaughter?
It is possible. Manslaughter is certainly a less serious offense. The primary distinction between manslaughter and murder in South Carolina hinges on the presence of malice aforethought. Murder involves the deliberate and premeditated intent to kill, whereas manslaughter lacks this element of malice. However, whether or not a murder charge can be pleaded down—and if that is the most sensible defense strategy for your case—will always depend on the specific circumstances.
Contact Our Columbia Manslaughter Defense Lawyer Today
At the Law Office of Jonathan M. Harvey, our Columbia manslaughter defense attorney has the knowledge and experience that you can rely on in even the most serious of cases. If you or your loved one is facing a manslaughter charge, we can help. Contact us today for a free case review. With an office in Columbia, we handle manslaughter cases throughout the wider region.