Types of Manslaughter Charges We Defend Against
Voluntary Manslaughter
A person commits voluntary manslaughter if they cause the death of another person under circumstances that would constitute murder in the second degree, except that the act occurred under the influence of “sudden passion” arising from an adequate cause, or if they knowingly assist in a suicide (RSMo 565.023). This is generally charged as a Class B felony that carries 5–15 years in prison.
Involuntary Manslaughter in the First Degree
First-degree involuntary manslaughter involves recklessly causing the death of another person (RSMo 565.024). This is typically classified as a Class C felony punishable by 3–10 years in prison and $10,000 in fines. If the victim is a law enforcement officer, the charge may be enhanced to a Class B felony with harsher penalties.
Involuntary Manslaughter in the Second Degree
Second-degree involuntary manslaughter involves acting with criminal negligence that results in a fatality (RSMo 565.027), meaning a person failed to recognize a substantial risk that a reasonable person would have noticed. This Class E felony carries up to four years in prison, but may be elevated to a Class D felony if the offense involves a law enforcement officer.
DWI with Death
If a fatality occurs while a driver is operating a vehicle in an intoxicated condition (DWI), prosecutors may pursue first-degree involuntary manslaughter charges. Depending on your prior record and the exact details of the crash, this is classified as a Class C or Class B felony.
Aggravating Factors That Can Increase Manslaughter Penalties
Not all manslaughter charges carry the same sentencing exposure. Missouri law allows for enhanced penalties when certain aggravating circumstances are present, including:
- The victim was a law enforcement officer or emergency responder — This can elevate an otherwise Class C or Class E felony to a higher classification with a longer mandatory sentencing range.
- A firearm or other weapon was involved — Weapon use can trigger additional charges, such as armed criminal action, filed alongside the underlying manslaughter charge.
- Prior felony convictions — A defendant's criminal history can affect sentencing ranges and probation eligibility even when the manslaughter charge itself doesn't change.
- Multiple victims — Cases involving more than one fatality, such as certain vehicular manslaughter incidents, can result in multiple counts being filed and served consecutively.
Because these enhancements can add years to a potential sentence, identifying whether they legitimately apply — and challenging any that don't — is a critical part of building an effective defense.
What Is the Difference Between Voluntary & First-Degree Involuntary Manslaughter?
The key difference between voluntary and first-degree involuntary manslaughter is the offender’s state of mind and the circumstances leading up to the incident.
Voluntary manslaughter involves a knowing act carried out in the heat of passion after adequate provocation, meaning the situation escalated quickly and emotionally. First-degree involuntary manslaughter centers on reckless conduct, where a person consciously disregards a substantial risk that leads to another person’s death.
This distinction is often the focal point in charging decisions and plea negotiations. What the state characterizes as a reckless act may actually reflect a sudden and emotionally charged reaction, or vice versa. Small factual differences can significantly affect how your case is charged and prosecuted.
Our lawyers work to pinpoint how the prosecution is framing the conduct and test that narrative against the actual evidence by assessing timing, behavior, and other critical factors. Depending on your case, we may be able to negotiate a reduced charge or even secure an outright dismissal.
acing Both Criminal Charges and a Civil Wrongful Death Claim
Many people don't realize that a manslaughter charge can trigger two separate legal processes at once: the criminal case brought by the state, and a potential civil wrongful death lawsuit filed by the victim's family. These cases operate independently, use different standards of proof, and can result in different outcomes.
A civil case only requires a "preponderance of the evidence," a lower bar than the "beyond a reasonable doubt" standard used in criminal court, meaning a defendant can potentially be acquitted or see reduced criminal charges while still facing civil liability for damages. Statements or admissions made during the criminal process can also be used against a defendant in a related civil suit, which is one more reason it's critical to have experienced counsel managing communications and strategy from the outset.
What to Expect at Bail & Bond Hearings in a Manslaughter Case
Because manslaughter is classified as a violent felony in Missouri, bail hearings tend to be more complex than those for lower-level offenses. Judges consider factors such as the defendant's criminal history, ties to the community, flight risk, and the specific circumstances of the alleged offense before setting bond conditions.
In many manslaughter cases, courts impose conditions beyond a monetary bond, including electronic monitoring, no-contact orders with witnesses or the victim's family, and surrender of firearms or a driver's license. Because these conditions can significantly affect a defendant's ability to work, care for family, and assist in their own defense, having an attorney advocate for reasonable terms at the earliest possible hearing is an important part of protecting a client's life outside the courtroom while the case proceeds.
How We Fight Manslaughter Allegations
To secure a manslaughter conviction, the state must prove beyond a reasonable doubt that your actions directly caused the fatality and met the strict legal threshold for recklessness or criminal negligence. Our defense strategies focus on exposing gaps in the prosecution's case:
- Establishing Lawful Self-Defense or Defense of Others: Under Missouri’s Stand Your Ground and Castle Doctrine statutes (RSMo § 563.031), you have the right to use force—including deadly force—if you reasonably believe it is necessary to prevent imminent death or serious bodily harm. We file pre-trial motions to assert statutory immunity.
- Proving Pure Accident vs. Recklessness: Criminal liability requires more than an unfortunate tragedy or simple bad judgment. We work with independent accident reconstructionists and safety experts to demonstrate that the incident was an unforeseeable accident rather than criminal recklessness.
- Disputing Medical Causation: Police reports often oversimplify cause-of-death findings. We partner with independent forensic pathologists to review autopsy reports, toxicological screens, and medical histories to identify intervening causes of death or pre-existing medical conditions.
- Challenging Impairment & Blood-Draw Protocols: If the charge involves allegations of driving while intoxicated (DWI manslaughter), we scrutinize blood-draw chain of custody, lab calibration records, and police testing procedures to suppress flawed chemical evidence.
Frequently Asked Questions
Can a manslaughter charge later be reduced to a lesser offense?
In some cases, yes. Depending on the strength of the evidence, a manslaughter charge may be negotiated down to a lesser offense such as assault, particularly if causation or intent is genuinely disputed. This outcome depends entirely on the specific facts of the case.
Is manslaughter always a felony in Missouri?
Yes. Both voluntary and involuntary manslaughter are charged as felonies under Missouri law, ranging from Class E to Class B felonies depending on the specific circumstances and any aggravating factors involved.
Can a manslaughter conviction ever be expunged in Missouri?
Generally, no. Missouri law excludes most violent felony convictions, including manslaughter, from eligibility for expungement, which makes fighting the charge at the outset — rather than relying on a future cleanup of the record — especially important.
How long does a manslaughter case typically take to resolve?
Manslaughter cases often take significantly longer than other criminal matters due to the forensic evidence, expert testimony, and investigative work involved. Cases can take anywhere from several months to over a year to reach resolution, depending on court schedules and whether the case proceeds to trial.
Don’t throw away your future by failing to contact our attorneys after a manslaughter charge. Call (816) 323-3460 to schedule a consultation.
“This firm is very patient, courteous and professional.”“I am very satisfied with services rendered and would recommend to anyone with moving violations.”- Christopher W.
