According to reports out of Gwinnett County, a woman was shot and killed by her roommate who was allegedly cleaning her gun when the gun went off. As of right now, the roommate, Keely Kilpatrick, has been arrested and is being charged with involuntary manslaughter.
As a Georgia Criminal Defense Lawyer, I will outline the offenses of both voluntary and involuntary manslaughter in today's post as to give a clearer idea of exactly what Kilpatrick has been accused of doing.
Voluntary Manslaughter in Georgia
Voluntary manslaughter in Georgia is defined by the Georgia Code in O.C.G.A. §16-5-2 as:
A person commits the offense of voluntary manslaughter when he or she causes the death of another human being under circumstances which would otherwise be murder and if he acts solely as a result of a sudden, violent, and irresistible passion resulting from serious provocation sufficient to excite such passion in a reasonable person; however, if there should have been an interval between the provocation and the killing sufficient for the voice of reason and humanity to be heard, of which the jury in all cases shall be the judge, the killing shall be attributed to deliberate revenge and be punished as murder.
As the statute suggests, voluntary manslaughter is similar to the criminal offense of murder in Georgia. The intent element that is required by murder is erased by either a provocation producing sudden heat of passion or a diminished mental capacity.
Voluntary manslaughter is classified as a felony offense in Georgia. This means that if convicted, then the penalty can include a prison term for no less than one year and nor more than twenty years.
Involuntary Manslaughter in Georgia
Involuntary manslaughter in Georgia is defined by the Georgia Code in O.C.G.A. §16-5-3 as:
A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony; or by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm.
Involuntary manslaughter is also classified as a felony offense in Georgia. This means that if convicted, then the penalty can include a prison term for no less than one year and nor more than ten years.
Homicide offenses are complicated and the laws behind them are even more complex. You should never attempt to decipher the law on your own. If you or a loved one has been charged with a crime, contact a Georgia Criminal Defense Attorney today.