What’s the Georgia criminal defense approach to involuntary manslaughter?

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.

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