What Is Manslaughter in Missouri?
People often ask “what is manslaughter in Missouri?’ It is a complicated question. In Missouri there are three different levels of manslaughter. As a criminal defense attorney I have dealt with cases in all three categories. Let give you an answer to the question “what is manslaughter in Missouri?”
Voluntary Manslaughter
The first level of manslaughter is called “voluntary manslaughter.” There are two ways in which a person commits voluntary manslaughter.
The first way this is committed is if a person “causes the death of another person under circumstances that would constitute murder in the second degree under subdivision (1) of subsection 1 of section 565.021, except that he or she caused the death under the influence of sudden passion arising from adequate cause;”
Hang on. I told you this is complicated. Basically, this is saying that if you killed somebody intentionally but it arose from a situation of sudden passion arising from adequate cause then it is only manslaughter, What “sudden passion arising from adequate cause” becomes a question for the jury to decide.
Maybe you saw a man brutally beating your spouse and you went to aid your spouse by hitting the criminal in the head with a baseball bat. You killed him. That would be an example of a sudden passion arising from adequate cause.
There is another prohibited act that qualifies as voluntary manslaughter. It is pretty straight forward. A person commits the crime of voluntary manslaughter if he or she knowingly assists another in the commission of self-murder. So if you want to help another person end their life and you assist them, you have committed voluntary manslaughter.
Involuntary Manslaughter First Degree
Next comes Involuntary Manslaughter, first degree. A person commits the offense of involuntary manslaughter in the first degree if he or she recklessly causes the death of another person.
Now the question of recklessly comes into play. What is “recklessly?” Under Missouri law a person acts recklessly or is reckless when the person consciously disregards a substantial and unjustifiable risk that circumstances exist or that a result will follow, and such disregard constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.
Once again, this becomes a question for the jury. Did whatever you did or did not do meet that definition? Driving 60 miles per hour through a school zone just as classes are letting out is a good example of reckless behavior. I am sure you can think of others.
Involuntary Manslaughter Second Degree
Finally there is Involuntary Manslaughter in the second degree. A person commits the offense of involuntary manslaughter in the second degree if he or she acts with criminal negligence to cause the death of any person.
What is the definition of “criminal negligence.” Here it is : “A person acts with criminal negligence or is criminally negligent when a person fails to be aware of a substantial and unjustifiable risk that circumstances exist or a result will follow, and such failure constitutes a gross deviation from the standard of care which a reasonable person would exercise in the situation.”
Firing a shotgun inside a department store during the time customers were present would be an example of this.
I Can Help
Each case is different. That is what I look at as a criminal defense lawyer.
Hopefully you will never be faced with the situation of being charged with any degree of manslaughter but if it happens, I can help.