Involuntary manslaughter in Virginia may arise from any of these circumstances:The performance of an unlawful, but not a felonious act; or the improper performance of a lawful act; or the omission to perform a legal duty owed the decedent.

When involuntary manslaughter is based on the defendant's performance of an unlawful act, such as a violation of a statute, the violation must be the proximate cause of the homicide.

In all other cases the defendant's negligence is at issue. In order to convict of involuntary manslaughter in Virginia for prosecution's evidence must show the defendant's conduct was so gross as to indicate a callous disregard for life. In these cases, the issue becomes in many instances, whether the defendant knows of a dangerous risk to others that he is causing. This is an objective test judged by the standard of what a reasonable person in the defendant's position would or should have done.

Whatever the circumstances of the case, it is important that an attorney with experience in representing persons charged with involuntary manslaughter be retained. Conviction of involuntary manslaughter is punished as a Class 5 felony which will result in a term of imprisonment of not less than one nor more than 10 years. However, in the discretion of the jury or other court trying the case without a jury, the punishment may be reduced to up to 12 months in jail, a fine of up to $2500, either or both.

If you or a loved one has further questions about this or any other criminal issue, please complete the contact information form on this webpage, or call us to schedule a free initial consultation.