Olathe 
Manslaughter Attorney

Difference Between 
Manslaughter & Murder

Although the definition of manslaughter differs from state to state, it can be broadly defined as the intentional killing of another human being. This may sound quite similar to the legal definition of murder, but there is a distinct difference between the two. Ultimately, manslaughter differs from an act of murder based on the offender's level of criminal culpability. This means that their state of mind must be taken into consideration, as the killing may have resulted from a heated verbal exchange, provocation or the intent to cause serious bodily harm—rather than a premeditated attempt to take their life. These mitigating circumstances will also dictate whether the crime will be considered voluntary or involuntary manslaughter as it all comes back to the offender's state of mind and the circumstances that have led to the victim's death.

  • “Scott's legal skills & finesse, courtroom experience, and commitment to this case were critical.”

  • “Because of you we have our son back with us, in our lives, every day, to touch, hug and converse with.”

  • “Your professionalism and compassion were outstanding.”

  • “I think you did a great job of making certain that the jurors kept their eye on the facts.”

  • “In our eyes, you went above and beyond what a lawyer usually does in a case.”

/

Involuntary Manslaughter vs. 
Voluntary Manslaughter

In the state of Kansas, you could either be charged with voluntary or involuntary manslaughter. Voluntary manslaughter is the act of killing with malice aforethought, while involuntary manslaughter is the act of killing either negligently or without malice intention. Because these crimes are ultimately separated by the offender's state of mind at the time of the killing, they must be punished differently upon conviction. According to the law, they are defined as follows:

  • Kansas Code §21–3404: Involuntary Manslaughter – Involuntary manslaughter is the unintentional killing of a human being committed either a) recklessly, b) in the commission of a separate felony or c) during the commission of a lawful act in an unlawful manner.
  • Kansas Code §21–3403: Voluntary Manslaughter – Voluntary manslaughter is the intentional killing of a human being committed either a) upon a sudden quarrel or in the heat of passion or b) upon an unreasonable, yet honest, belief that deadly force was justified.

Penalties for Manslaughter in Kansas

According to Kansas law, manslaughter is considered to be a violent crime. As such, both forms of manslaughter are charged as felony offenses—with voluntary manslaughter being considered a level 3 felony and involuntary manslaughter being considered a level 5 felony. If convicted of either crime, one could expect to face hard time behind bars, as well as the required payment of costly fines. To be more specific, however, the legal penalties are as follows:

  • Voluntary Manslaughter – Up to $300,000 in fines & up to 61 months in prison
  • Involuntary Manslaughter – Up to $300,000 in fines & up to 34 months in prison

If you have been charged with any degree of manslaughter is Olathe, it is highly recommended that you get in touch with an experienced criminal defense lawyer as soon as possible. A guilty verdict could have devastating consequences, so it is imperative that you protect your rights, and your freedom, while there is still time. Take the first step today by contacting the legal team at Garretson & Toth, LLC.

Proudly Serving Olathe & Johnson County

The Johnson County criminal attorneys at Garretson & Toth, LLC have been defending the rights of the criminally accused for more than three decades. In that time, we have helped countless individuals to avoid the ramifications of a guilty verdict. For this reason, we encourage you to place your trust in the hands of our firm if you have recently been charged with manslaughter. We understand how overwhelmed you may feel, so we would like the opportunity to fight aggressively on your behalf.

To learn more about how we can help, call our office today at (913) 971-0296  for a free initial consultation.

WHY DO CLIENTS
CHOOSE OUR FIRM?

We Are Dedicated To the Success of Our Clients
  1. 1
    Aggressively Defending Our Clients for Over 57 Years
  2. 2
    We Provide a Unique and Specialized Experience for Each Client Facing Criminal Charges
  3. 3
    Our Firm Provides a Confidential Free Case Consultations
  4. 4
    We Are Accessible to Our Clients and Will Return All Calls the Same Day
  5. 5
    Our Team Is Committed to Obtaining the Best Possible Outcome for Our Clients
  6. 6
    We Are Former Prosecutors, Armed With Invaluable Insights
EXPERIENCE YOU
 CAN COUNT ON

If You Are Facing Criminal Charges, Our Team is Ready to Help You.

Request Your Free Consultation

Fill out the contact form or call (913) 971-0296 to speak with someone directly.

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please make a selection.
  • Please enter a message.