What’s the Georgia criminal defense approach to involuntary manslaughter?
Georgia’s involuntary manslaughter statute, O.C.G.A. § 16-5-3, has two forms, and the defense changes based on which one is charged.
| Form | Requires | Penalty |
|---|---|---|
| (a) Unlawful act | Death by an unlawful act other than a felony | 1 to 10 years |
| (b) Lawful act, unlawful manner | Death by a lawful act done "in an unlawful manner likely to cause death or great bodily harm" | Misdemeanor |
Both require that the person caused the death “without any intention to do so.”
Defense points.
- Causation. The act must have caused the death. An unexpected medical event or an intervening act may break that link. Medical examiner findings can be challenged by an independent pathologist.
- Underlying act. Under (a), the state has to prove the misdemeanor itself, such as simple battery. If that act was justified, the charge falls.
- Manner. Under (b), whether the conduct was “likely to cause death or great bodily harm,” such as careless handling of a firearm, is the key dispute.
- Accident. O.C.G.A. § 16-2-2 says a person isn’t guilty if the act was by misfortune or accident, with no criminal scheme, intention, or negligence.
- Justification. Self-defense is a full defense.
Lesser included. A jury in a murder trial might be charged on involuntary manslaughter as a lesser offense, if the evidence supports it. That can be a trial strategy.
Other charges. Felony murder under § 16-5-1(c) is much more serious, and it applies if the underlying act is a felony. Homicide by vehicle under § 40-6-393 covers traffic deaths. A civil wrongful death claim may follow.
General information about Georgia law as of November 2026. It is not legal advice and does not create an attorney-client relationship.