D.G. Moore is a highly experienced Michigan criminal defense attorney with a proven track record of defending clients facing serious felony charges, including manslaughter. This guide provides a detailed overview of Michigan’s manslaughter laws, penalties, and legal defenses.

MCL 750.321 and 750.322 Michigan Manslaughter Laws

In Michigan, MCL 750.321 defines manslaughter as a felony punishable by up to 15 years in prison or a fine of up to $7,500, or both, while MCL 750.322 specifically addresses the manslaughter of an unborn quick child, deeming it manslaughter if the injury to the mother would have resulted in murder if she had died.

What Is Manslaughter Under Michigan Law?

Manslaughter is a felony punishable offense in Michigan that involves unlawfully causing another person’s death without malice aforethought. Unlike murder, manslaughter does not require premeditation or intent to kill but is still considered a serious violent crime.

Types of Manslaughter in Michigan

1. Voluntary Manslaughter – A killing that occurs in the heat of passion or due to provocation, but without legal justification. Unlike voluntary manslaughter, degree murder involves classifications such as first-degree and second-degree murder, which distinguish between intentional acts of killing and those resulting from negligence or unlawful acts without intent to kill.
2. Involuntary Manslaughter – A killing that occurs due to reckless behavior, negligence, or criminal activity but without intent to kill.
3. Wilful Killing of an Unborn Quick Child – A specific charge under MCL 750.322 that applies when an unborn child is killed due to injury inflicted on the mother.

Full text of MCL 750.321 – Michigan Legislature

Full text of MCL 750.322 – Michigan Legislature

Elements of Manslaughter Under Michigan Law

For the prosecution to secure a manslaughter conviction, they must prove beyond a reasonable doubt the following elements, including that the defendant caused the death without any justification or lawful excuse:

Voluntary Manslaughter (Heat of Passion Killing)

• The defendant caused the death of another person.
• The defendant acted intentionally to kill or cause great bodily harm.
• The killing occurred without justification or legal excuse.
• The act was committed in the heat of passion, meaning it was provoked and not premeditated.

Involuntary Manslaughter (Reckless or Negligent Killing)

• The defendant’s actions caused another person’s death.
• The defendant engaged in reckless or negligent conduct that created a high risk of serious harm or death.
• The defendant’s actions were criminally negligent or unlawful but not intentional.

Wilful Killing of Unborn Child (MCL 750.322)

The defendant caused an injury to the mother that resulted in the wilful killing of unborn.

This act is deemed manslaughter under the law.

The injury would have been classified as murder if such child had also died.

The act was intentional, reckless, or criminally negligent towards such mother.

Penalties for Manslaughter in Michigan

Manslaughter is a felony with severe penalties, including prison time, hefty fines, and long-term consequences. The penalties for second-degree murder, however, are generally more severe, often involving longer prison sentences and higher fines.

Michigan Sentencing Guidelines – Michigan Courts

Consequences of a Manslaughter Conviction

Beyond prison time and fines, a manslaughter conviction carries life-altering consequences:

• Permanent Felony Record – A conviction stays on your record for life, affecting employment, housing, and firearm ownership.
• Loss of Professional Licenses – Licensed professionals (e.g., doctors, teachers, nurses) may face license suspension or revocation.
• Parole and Probation Restrictions – Strict conditions may limit travel, employment, and residency options.
• Immigration Consequences – Non-U.S. citizens convicted of manslaughter may face deportation or visa revocation.
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Expungement & Criminal Record Relief – Michigan State Police

Defenses Against Manslaughter Charges

A manslaughter charge does not mean an automatic conviction. With the right legal strategy, charges may be reduced, dismissed, or beaten at trial.

1. Self-Defense or Defense of Others

• If the defendant acted to protect themselves or another person from imminent serious harm or death, they may have a valid defense.

2. Justifiable Homicide

• If the death occurred due to lawful intervention (such as stopping a violent crime), it may be justifiable.

3. Lack of Intent (For Voluntary Manslaughter Cases)

• If the defendant did not intend to cause serious harm or death, the charges could be reduced or dismissed.

4. Accidental Death (For Involuntary Manslaughter Cases)

• If the death was a tragic accident without recklessness or negligence, the case may not meet the legal definition of manslaughter.

Insufficient Evidence (Reasonable Doubt)

• If the prosecution cannot prove the elements of manslaughter beyond a reasonable doubt, charges may be dropped or reduced.

Know Your Rights – ACLU

Why You Need an Experienced Michigan Manslaughter Defense Lawyer

A manslaughter conviction can have devastating consequences, including prison time, permanent criminal records, and life-changing penalties. D.G. Moore has decades of experience successfully defending clients facing serious criminal charges in Michigan. He will fight aggressively to protect your rights, challenge the prosecution’s case, and work to get your charges reduced or dismissed.

Don’t risk your future. Call D.G. Moore Law at (269) 808-8007 for a confidential consultation today.

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Frequently Asked Questions

Is Manslaughter the Same as Murder?

Manslaughter is similar to murder but lacks malice aforethought. Manslaughter is typically unplanned, while murder involves intentional or premeditated killing.

What Is the Difference Between Voluntary and Involuntary Manslaughter?

• Voluntary manslaughter occurs in the heat of passion after provocation.
• Involuntary manslaughter occurs due to reckless or negligent actions that unintentionally cause death.

Can You Go to Jail for Involuntary Manslaughter?

Yes. Involuntary manslaughter carries up to 15 years in prison in Michigan.

What Is the Sentence for Killing an Unborn Child in Michigan?

Killing an unborn child (MCL 750.322) is punishable by up to 15 years in prison and a $7,500 fine.

Can Manslaughter Charges Be Dropped or Reduced?

Yes. With strong legal representation, manslaughter charges can be reduced to a lesser offense or dismissed due to lack of evidence.

What Should I Do If I’m Charged with Manslaughter?

• Do not speak to police without an attorney.
• Do not admit guilt or attempt to explain.
• Hire an experienced Michigan criminal defense lawyer immediately.