Voluntary Manslaughter Lawyer in St. Louis

What Is Voluntary Manslaughter in Missouri?

Missouri law has always separated homicide charges into levels based on the accused’s blameworthiness. Premeditated murders carry heavier punishments than homicides that occur in the heat of passion without prior planning.

On the other hand, homicide is a serious thing. The police and prosecutors feel pressure to make an arrest and prosecute the accused aggressively to show the public and the victim’s family that they’re putting forth the effort the case deserves.

As a result, the authorities must carefully determine the appropriate charges based on all available evidence, including exculpatory or mitigating facts.

Voluntary manslaughter lies in this middle ground. By filing these charges, prosecutors assert that the defendant knowingly killed the victim, but some fact prevents them from bringing murder charges.

Because they sit somewhere between murder and involuntary manslaughter, voluntary manslaughter charges can be daunting, particularly if you don’t have an alibi or justification for the incident. However, manslaughter charges represent a significant improvement if you plead down from murder charges.

Manslaughter and Related Offenses in St. Louis, MO

The Missouri Revised Statutes include five homicide charges in the chapter on Offenses Against the Person. Two of these, first– and second-degree murder, apply when the accused intentionally or knowingly causes a person’s death.

The remaining three charges include voluntary manslaughter, first-degree involuntary manslaughter, and second-degree involuntary manslaughter. These offenses apply when someone causes a death with some attendant circumstances that make them less culpable.

Understanding these offenses will help you navigate your voluntary manslaughter charges. Second-degree murder is specifically mentioned in the voluntary manslaughter statute, while involuntary manslaughter might represent a viable reduction in charges for a plea deal from voluntary manslaughter charges.

Second-Degree Murder

Before addressing voluntary manslaughter, you must first understand second-degree murder. Prosecutors must prove that one of the following scenarios occurred to secure a conviction for this offense:

• The accused knowingly caused the death of another person
• The accused intended to cause a serious physical injury, and the victim died
• Someone died when the accused committed or attempted to commit a felony

“Knowingly” means the accused understood the nature of their actions and was aware that those actions were practically certain to cause death. Thus, the first two types of second-degree murder require the specific intent to seriously injure or kill.

The third type of second-degree murder is called “felony murder.” It applies when the accused commits any felony, including non-violent crimes, and someone dies during the commission of the offense or the subsequent flight from the crime scene.

The classic example of felony murder occurs when a teller has a heart attack and dies during a bank robbery.

Voluntary Manslaughter

Voluntary manslaughter can happen in two situations. The first is when the accused causes the death of another person under circumstances that qualify as second-degree murder; however, they acted under the influence of “sudden passion” that arose from an adequate cause.

Using the definition of second-degree murder, this means that prosecutors can pursue this type of voluntary manslaughter in two situations:

• The accused knowingly caused a death under the influence of sudden passion
• The accused intended to cause serious physical injury due to sudden passion

Thus, the difference between voluntary manslaughter and second-degree murder often hinges on the definition of “sudden passion.”

Under Missouri law, someone acts under sudden passion when their actions are directly caused by a provocation by the victim or someone acting with the victim.

The provocation must occur at the time of the act that caused the death — it can’t arise solely from a prior interaction. However, evidence of a prior provocation may be relevant to show why the accused reacted violently to the act that led to the death.

For example, imagine that someone comes home early to find their spouse in bed with another person. The law considers the accused to be less culpable because almost anyone could be provoked into violence while acting in the heat of passion.

Second, voluntary manslaughter occurs when the accused knowingly assists someone in committing suicide. This offense is self-explanatory, although the statute doesn’t define what level of assistance makes someone culpable for suicide.

Involuntary Manslaughter

Involuntary manslaughter falls below voluntary manslaughter on the scale of homicide charges. First-degree involuntary manslaughter occurs when someone recklessly causes a death. Second-degree involuntary manslaughter applies to deaths caused by criminal negligence.

Both of these offenses involve unintentional deaths. The difference between recklessness and criminal negligence is the degree of carelessness. Recklessness requires conscious disregard of a substantial and unjustifiable risk of death, while conscious disregard means the accused was aware of the risk but willfully ignored it.

Criminal negligence only requires a gross deviation from the standard of care. As such, the accused doesn’t need to know or understand the risks involved. All that matters is that they acted with such carelessness that they fell far short of the caution required for the situation.

For example, someone might commit second-degree involuntary manslaughter when they take allergy medication and cause a fatal crash despite the warnings on the box.

Defenses Against Voluntary Manslaughter Charges in Missouri

Devising a criminal defense strategy in voluntary manslaughter cases requires great care. Some justifications, such as self-defense, may require the accused to implicitly admit that they caused the victim’s death.

With this in mind, it’s recommended that you consult an experienced attorney to understand the tradeoffs and potential benefits involved with each of the following defenses to voluntary manslaughter:

Alibi

An alibi is a claim that you couldn’t have committed the offense.

Typically, an alibi includes evidence showing you weren't present at the crime scene when the offense occurred. However, you might also have alibi evidence showing you were present but physically incapable of causing the fatal injury. For example, you might not be tall enough to have struck the victim in the head as alleged.

Mistaken Identity

Mistaken identity is similar to an alibi. It usually happens when the police have multiple suspects and incorrectly conclude that the accused committed the homicide. This might occur during a riot or bar fight when several people might have caused a victim’s death.

We can often use witness testimony, video recordings, or other evidence to fight the charges in cases where mistaken identity is a factor.

No Intent

You must have knowingly caused the victim’s death or intended to cause serious physical injury. If the prosecution can’t prove your knowledge or intent, they can’t secure a conviction. We can also introduce evidence offering an alternate explanation that shows you lacked intent.

For example, suppose that the prosecution alleges you deliberately gave someone an overdose of fentanyl. We can defend you by showing you thought the substance was methamphetamine and wouldn’t cause an overdose. You might escape liability for voluntary manslaughter, but you could still be liable for involuntary manslaughter.

Self-Defense

You’re entitled to use deadly force to defend yourself in certain situations. Specifically, you must satisfy one of the following conditions:

• You reasonably believe force is needed to protect yourself or defend others from death, serious physical injury, or a forcible felony
• The victim unlawfully enters or attempts to enter your home or vehicle
• The victim unlawfully enters or attempts to enter a property you own or lease

If we can prove self-defense, you may receive a dismissal or acquittal.