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Involuntary Manslaughter in Georgia

There are two levels of involuntary manslaughter, felony and misdemeanor.

Felony Involuntary Homicide

" A person commits the offense of involuntary manslaughter in the commission of an unlawful act when he causes the death of another human being without any intention to do so by the commission of an unlawful act other than a felony."

There must be unlawful conduct which does not rise to the level of a felony and the death of a person which was not intended to support the charge of involuntary manslaughter.  An example of an underlying non-felony act would be reckless conduct.  Reckless conduct is a misdemeanor.  So, if a person does such conduct and it causes a death, it would be involuntary homicide.

The felony level of the offense has a sentencing range of one to ten years.

Misdemeanor Involuntary Homicide

"A person commits the offense of involuntary manslaughter in the commission of a lawful act in an unlawful manner when he causes the death of another human being without any intention to do so, by the commission of a lawful act in an unlawful manner likely to cause death or great bodily harm."

The maximum punishment for misdemeanor involuntary homicide is 12 months incarceration and a $1,000 fine plus surcharges.

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