What Is the Difference Between Murder and Manslaughter in Indiana Law?

Posted on July 7, 2025
  • Violent Crimes

    • Murder and manslaughter are very serious crimes in Indiana, but they have different legal definitions, implications, and possible penalties. Whether you’re facing murder or manslaughter charges, your life, freedom, family, and career are on the line, so you should seek skilled legal representation from an experienced Indianapolis murder defense lawyer. The Criminal Defense Team offers free consultations, so you can learn about your legal rights and options without cost.

    Legal Definitions

    Indiana Code § 35-42-1-1 defines murder as any of the following:

    • Knowingly or intentionally killing another human being
    • Knowingly or intentionally killing a fetus in any stage of development
    • Killing another human being while committing or attempting to commit certain enumerated offenses, including burglary or rape
    • Killing another human being while dealing in or manufacturing drugs

    Indiana Code § 35-42-1-3 defines voluntary manslaughter as knowingly or intentionally killing another person or killing a fetus in any stage of development while acting under sudden heat. The law expressly explains that the existence of sudden heat is a mitigating factor that reduces what otherwise would be murder to the lesser offense of voluntary manslaughter.

    Under Indiana Code § 35-42-1-4, involuntary manslaughter occurs when a person kills another human being while committing or attempting to commit a Class A misdemeanor, a Level 5 felony, or a Level 6 felony that inherently poses a risk of serious bodily injury, or battery. Killing a fetus under any of these circumstances or while operating a vehicle while intoxicated is also considered involuntary manslaughter.

    Implications of Murder vs Manslaughter

    A murder offense involves the mens rea or mental state of knowing or intentionally causing the death. Voluntary manslaughter involves the same mental state, but because the defendant has a sudden heat of passion, the offense is not punished as harshly. Involuntary manslaughter does not involve the knowing or intentional killing of someone but instead involves conduct that is inherently risky and likely to result in death or serious bodily injury.

    Potential Penalties 

    Indiana Code 35-50-2-3 provides an advisory sentence of 55 years’ imprisonment for murder. Alternatively, a defendant could be sentenced to death or life imprisonment without parole. Voluntary manslaughter is a Level 2 felony. It is punishable by 10 to 30 years in prison, with an advisory sentence of 17.5 years. Involuntary manslaughter is a Level 5 felony with a possible prison sentence of one to six years.

    How Our Board-Certified Criminal Defense Lawyers Can Help

    When you’re facing serious legal charges, you need a skilled defense strategy. Our law firm has four of the five criminal trial specialists in the state of Indiana, so we have the in-depth knowledge and experience to effectively handle these cases. We can conduct independent investigations, work with expert witnesses, determine if police misconduct applied in your case, and build an effective legal defense. 

    We encourage you to contact our criminal defense attorneys in Indianapolis today for a free consultation. We can discuss your specific situation and how we can help.