What Is the Difference Between Voluntary vs. Involuntary Manslaughter in Indiana?

Posted on August 25, 2025
  • Criminal Defense

    • Voluntary and involuntary manslaughter are both serious criminal charges in Indiana. However, these criminal offenses have different meanings. The intent and circumstances surrounding the commission of these offenses result in penalties that are significantly different. The Criminal Defense Team of Baldwin Perry & Wiley PC can help if you are charged with either of these crimes. 

    Definitions 

    Indiana Code § 35-42-1-3 defines voluntary manslaughter as knowingly or intentionally killing another human being or fetus in any stage of development while acting under sudden heat. 

    In contrast, Indiana Code § 35-42-1-4 defines involuntary manslaughter as killing another person or fetus while committing or attempting to commit any of the following crimes:

    • A Level 5 or 6 felony or Class A misdemeanor that inherently poses a risk of serious bodily injury
    • Battery
    • Violating operating a vehicle while intoxicated statutes (applies only to a fetus)

    Intent 

    The primary difference between involuntary manslaughter and voluntary manslaughter lies in the intent. With voluntary manslaughter, the defendant might not intend to kill, but they act in a way that they know could result in death or serious bodily injury. 

    In cases involving involuntary manslaughter, there is no intent to kill. In fact, the death could occur accidentally. However, because the defendant is committing certain crimes, there is criminal responsibility attached when someone dies as a result of the defendant’s actions. 

    Circumstances 

    The circumstances surrounding the offense also differ. Manslaughter occurs under situations that are commonly associated with murder. However, the offense is charged less harshly because of the presence of “sudden heat.” The classic example of sudden heat is when a spouse finds out their spouse is cheating and reacts immediately while enraged. 

    In cases involving involuntary manslaughter, there is some other type of criminal activity going on, such as committing a battery or an offense involving the risk of serious bodily injury. 

    Penalties

    Involuntary manslaughter is classified as a Level 5 felony. As such, the potential penalty for this offense is a fine of up to $10,000 and a prison sentence of one to six years. Voluntary manslaughter is considered a Level 2 felony due to the heightened culpability involved in the crime. The defendant can be fined up to $10,000 and face between ten and thirty years in prison. 

    Judges have discretion when determining an appropriate prison sentence. They can consider the circumstances surrounding the death, your prior criminal history, and mitigating and aggravating factors. Your criminal defense attorney can argue why a lesser sentence is more appropriate in your particular situation. 

    Contact The Criminal Defense Team Today

    The Criminal Defense Team in Indianapolis, Indiana has four of the state’s five board-certified criminal defense specialists. Because we use a collaborative approach, you get the collective experience, resources, skills, and connections of each member of our team. We work diligently to fight for the best possible outcome in your case. Contact our manslaughter lawyer in Indianapolis today for a free and confidential case review to discuss your involuntary or voluntary manslaughter charges.