In Delaware, there are six types of criminal homicide: first-degree murder, second-degree murder, murder by abuse or neglect, manslaughter, criminally negligent homicide, and vehicular homicide. This article provides a brief overview of Delaware's involuntary manslaughter laws, namely Delaware's criminally negligent homicide and vehicular homicide laws.
What's Involuntary Manslaughter?
Involuntary manslaughter generally refers to an unintentional killing that results from criminal negligence or an unlawful act that is a misdemeanor or low-level felony (such as driving under the influence (DUI)). Generally, the key difference between involuntary manslaughter and voluntary manslaughter is whether or not the victim's death was intended. In Delaware, involuntary manslaughter is subdivided into criminally negligent homicide, first-degree vehicular homicide, and second-degree vehicular homicide.
Criminally Negligent Homicide
| Code Section | Delaware Code section 631: Criminally Negligent Homicide |
| What's Prohibited? | A person is guilty of criminally negligent homicide when, with criminal negligence, the person causes the death of another person. |
| Penalties | Criminally negligent homicide is a class D felony. |
Vehicular homicide
| Code Section | Delaware Code section 630A: Vehicular Homicide in the First Degree |
| What's Prohibited? | A person is guilty of vehicular homicide in the first degree when, while driving or operating a motor vehicle under the influence of alcohol or drugs or with a prohibited alcohol or drug content, the person's criminally negligent driving or operation of the vehicle causes the death of another person. |
| Penalties | Vehicular homicide in the first degree is a class C felony. |
| Code Section | Delaware Code section 630: Vehicular Homicide in the Second Degree |
| What's Prohibited? | A person is guilty of vehicular homicide in the second degree when:
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| Penalties | Vehicular homicide in the second degree is a class D felony. |
Common Defenses to Involuntary Manslaughter
While there are many possible defenses to an involuntary manslaughter charge, some of the most common defenses are:
For additional information about these defenses read FindLaw's section on Involuntary Manslaughter Defenses.
Additional Resources
State laws change frequently. For case specific information regarding Delaware's involuntary manslaughter law contact a local criminal defense lawyer.
