Accidental Death, Serious Charges: How to Defend Against Manslaughter Allegations

In Georgia, a tragic accident can quickly become a criminal investigation. If someone dies and you were involved—even unintentionally—you could find yourself facing manslaughter charges, a serious felony offense. Unlike murder, manslaughter typically involves a lack of premeditation or intent to kill, but the legal consequences can still be devastating. At The Spizman Firm, we understand the complexity of these cases and work aggressively to protect your rights, freedom, and future.

What Is Manslaughter in Georgia?

Georgia law recognizes two types of manslaughter: voluntary and involuntary. Each is defined by different circumstances under which a person causes the death of another.

• Voluntary Manslaughter (O.C.G.A. § 16-5-2): This charge applies when a person kills someone during a sudden fight or in the heat of passion, provoked by the victim. While there may be intent to harm, the emotional state of the defendant is a key factor. Conviction can result in 1 to 20 years in prison.
• Involuntary Manslaughter (O.C.G.A. § 16-5-3): This charge is brought when a person unintentionally causes someone’s death by committing a misdemeanor or engaging in lawful but reckless conduct. For example, a fatal car crash caused by distracted driving could lead to involuntary manslaughter charges. Penalties can include up to 10 years in prison.

Common Scenarios That Lead to Manslaughter Charges

• A bar fight that ends in a fatal injury
• A firearm discharged by accident during horseplay
• A fatal traffic accident caused by speeding or texting while driving
• A physical confrontation where someone falls and sustains a fatal head injury

In many of these situations, the person charged never intended to cause harm—but the law focuses on actions and consequences, not just intentions.

Key Defenses Against Manslaughter Allegations

If you’re facing manslaughter charges in Georgia, it’s critical to work with a skilled criminal defense attorney. Possible defenses may include:

1. Self-Defense or Defense of Others
   If the death occurred because you were trying to protect yourself or someone else from harm, you may have a legal defense under Georgia’s self-defense laws.
2. Lack of Intent or Provocation
   In voluntary manslaughter cases, proving that there was no sufficient provocation or that the defendant was not acting in the heat of passion may reduce or eliminate charges.
3. No Criminal Negligence
   In involuntary manslaughter cases, the prosecution must show that your actions were criminally negligent or reckless. Showing that you acted reasonably or that the death was truly accidental can be a powerful defense.
4. Constitutional Violations
   Any violation of your rights during the investigation—such as unlawful search and seizure or failure to inform you of your rights—could result in suppressed evidence or dismissal of the case.

Get the Legal Representation You Need

Manslaughter charges can have lifelong consequences—from prison time to a permanent criminal record and social stigma. At The Spizman Firm, we take these charges seriously and fight to ensure that one tragic moment does not define your life.

We proudly serve clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs. If you’ve been charged with manslaughter or are under investigation, contact our Atlanta Manslaughter Defense Attorneys today for a confidential consultation.