Manslaughter
Arkansas Homicide Defense
Manslaughter applies when a person causes another's death under circumstances less culpable than murder, but more serious than negligent homicide — generally based on recklessness, extreme emotional disturbance, or assisting a suicide.
The Elements
A person commits manslaughter if they…
Cause a death under the influence of extreme emotional disturbance
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The person causes the death of another person under circumstances that would otherwise constitute murder.
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However, the killing occurs while the defendant is under the influence of an extreme emotional disturbance for which there is a reasonable excuse.
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The reasonableness of the excuse is evaluated from the viewpoint of a person in the defendant's situation under the circumstances as the defendant believed them to be.
Recklessly cause the death of another person
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A person acts recklessly when they consciously disregard a substantial and unjustifiable risk that death will occur.
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The disregard of that risk must represent a gross deviation from the standard of care that a reasonable person would observe.
Cause the death of an unborn child under certain circumstances
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Arkansas law includes provisions making it manslaughter to recklessly cause the death of an unborn child under specified circumstances.
Penalty
What You're Facing
Classification
Class B Felony
Manslaughter is a Class B felony under Arkansas law.
Sentence Range
5 – 20 years in prison
Plus possible fines, supervised release, and a permanent felony record.
In Practice
Conduct that may constitute manslaughter
Examples
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A fatal shooting committed in the heat of passion following serious provocation.
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Recklessly handling a firearm and causing another person's death.
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Driving in an extremely dangerous manner that results in a fatality.
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Providing substantial assistance to another person in carrying out a suicide.
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