What’s the Georgia criminal defense approach to involuntary manslaughter?
Involuntary manslaughter in Georgia is defined under O.C.G.A. 16-5-3 and involves causing a death without intent to do so, either through an unlawful act or through a lawful act performed in an unlawful manner. The defense approach centers on the elements that distinguish this offense.
The absence of intent to kill is fundamental. Involuntary manslaughter applies where a death was caused without any intention to do so, which distinguishes it from offenses requiring an intent to kill. The unintentional nature of the death is central to how the offense is understood.
The underlying conduct is examined. The offense rests either on an unlawful act other than a felony, or on a lawful act performed in an unlawful manner likely to cause death or great bodily harm. Whether the conduct fits one of these categories, and whether it occurred, can be central to the analysis.
Causation is a key element. Because the offense requires that the conduct caused the death, whether the alleged conduct was actually the cause, as opposed to another factor, can be significant. This connection between the conduct and the death is examined closely.
The approach to an involuntary manslaughter charge generally focuses on the absence of intent, the nature of the underlying conduct, and causation. A matter of this kind is typically contested on three fronts: the absence of any intent to kill, whether the underlying conduct fits one of the statutory categories, and whether that conduct truly caused the death.