Skip to Content
Fighting For You, No Matter Where You're Stationed! 843-773-5501
Defending Those Who Defend Us ®

Military Manslaughter Defense Attorneys

Manslaughter is among the most serious UCMJ offenses. It’s a crime that everyone has heard of but only a few understand the legal definition. So what’s the difference between voluntary and involuntary manslaughter? What are the possible punishments? And, most importantly, how do you defend against a charge of manslaughter? Find out these answers, and more, below.

MJA has defended service members facing investigation, court-martial, and discipline for the most serious offenses under the UCMJ, including manslaughter. Contact one of our military defense lawyers today to learn more.

Article 119, UCMJ (Manslaughter)

There are two types of manslaughter under the UCMJ: voluntary and involuntary. The difference between the two offenses comes down to intent–voluntary manslaughter requires a specific intent to kill while involuntary manslaughter does not.

Voluntary Manslaughter

Voluntary manslaughter occurs when a person is unlawfully killed “in the heat of sudden passion caused by adequate provocation.”  In other words, the accused meant to kill the other person but was provoked in some way. The elements to voluntary manslaughter are:

  • That a certain named or described person is dead;
  • That the death resulted from the act or omission of the accused;
  • That the killing was unlawful; and
  • That, at the time of the killing, the accused had the intent to kill or inflict great bodily harm upon the person killed.

Common examples of circumstances which may constitute adequate provocation are the unlawful infliction of great bodily harm, unlawful imprisonment, or when someone catches their spouse catches cheating on them. Adequate provocation does not excuse the homicide but does preclude a conviction of murder.

Involuntary Manslaughter

Involuntary manslaughter, on the other hand, does not require a specific intent to kill or inflict great bodily injury. Rather, involuntary manslaughter occurs when a death is the result of “culpable negligence” or occurs during the commission of certain offenses.

Culpable negligence is greater than simple negligence (like that required for negligent homicide under Article 134). Culpable negligence is defined as a “negligent act or omission accompanied by a culpable disregard for the foreseeable consequences to other of that act or omission.” In other words, culpable negligence occurs if an act might foreseeably result in another’s death.

The elements for involuntary manslaughter are:

  • That a certain named or described person is dead;
  • That the death resulted from the act or omission of the accused;
  • That the killing was unlawful; and
  • That this act or omission of the accused constituted culpable negligence, OR occurred while the accused was perpetrating or attempting to perpetrate an offense directly affecting the person other than burglary, rape, rape of a child, sexual assault, sexual assault of a child, aggravated sexual contact, sexual abuse of a child, robbery, or aggravated arson.

Common examples of acts that could be considered culpable negligence include conducting target practice in the direction of an inhabited house or pointing a pistol in jest at someone and pulling the trigger, believing, but without taking reasonable precautions to determine, whether it was loaded.


Rule for Court-Martial 916 provides defenses to manslaughter. These include justification (that the death caused was in the proper performance of a legal duty and is justified and not unlawful), obedience to orders, self-defense, accident, and lack of mental responsibility.

Defenses do not, however, prove themselves. A successful defense to the charge of manslaughter will often require the use of experts in the fields of firearms, gunshot residue, bloodstain pattern analysis, crime scene reconstruction, forensic psychology, forensic pathology, and digital forensics, to name a few. A skillful attorney can identify the experts required to build a successful defense.

Maximum Penalties

The maximum punishment for voluntary manslaughter is a dishonorable discharge and confinement for 15 years.  Involuntary manslaughter carries the risk of a dishonorable discharge and confinement for 10 years.  The maximum punishment for both charges increases by 5 years of confinement for the death of a child under 16 years of age.

Pretrial Confinement

Service members suspected of manslaughter are often placed in pretrial confinement pending court-martial. This is a devastating punishment which significantly impacts a service member’s ability to prepare for trial. What’s worse, it prevents them from being with loved ones when it matters most. Service members held in pretrial confinement beyond their end of active service (EAS/ETS) are not entitled to pay and allowances while in confinement.

Any commissioned officer may order any enlisted person into pretrial confinement. Officers may only be ordered into pretrial confinement by their commanding officer. Within 7 days of the imposition of pretrial confinement, a “detached and neutral” officer is required to independently review the confinement decision. The officer may order that the service member be released from pretrial confinement. Later, the military judge assigned to the case may also order their release.

MJA has successfully fought to have service members released from pretrial confinement confinement for some of the most serious UCMJ offenses, including manslaughter. When properly litigated, a service member unlawfully confined may be entitled to significant sentencing credit and even back pay.

Know Your Rights

The decisions you make while under investigation will directly impact your likelihood for success at trial. Here are some key rights you can, and should, invoke:

Right to remain silent. Service members have an absolute right to remain silent if questioned about a suspected UCMJ violation. Providing a statement to law enforcement almost never helps and may result in additional charges. If the statement you make is different from that of the alleged victim, you may be charged with making a false official statement or obstructing justice. “Cooperating” with law enforcement won’t prevent the command from taking adverse action against you–it just makes the government’s case stronger.

Right to refuse consent. There is also no obligation to consent to any search or seizure of your person or property. If investigators have probable cause to believe that there is evidence of a crime in a certain location, they must obtain an authorization from your commander before conducting a search. Absent probable cause, the only way law enforcement can search or seize your property is with your consent. Providing consent gives law enforcement the right to search your phone, vehicle, residence, or person for evidence which they intend to use against you. Don’t be fooled.

Right to counsel. Service members suspected of a crime have the absolute right to consult with an attorney, military or civilian, before waiving their rights. It is crucial to consult with an attorney if you are suspected of a crime. Remember that no matter the specific legal circumstances you are facing, you are entitled to legal counsel and should utilize it.

Protect Your Freedom and Your Military Future

When your life, career, and future are on the line, you need an experienced law firm in your corner. The skilled and experienced attorneys at MJA have defended service members facing investigation, court-martial, and discipline for the most serious offenses under the UCMJ, including manslaughter. We will ensure that every avenue of defense is aggressively pursued on your behalf. Call us today at (843) 773-5501 for a free consultation.

What Our Clients Say

  • "Best Experience-Best Outcome-Best Service."

    The relief we felt when we received that phone call from Joshua Hill was something I cannot even describe. If you want someone who will communicate with you and for you, fight for you, and extremely professional, hire Joshua Hill.

    - Lori
  • "Recommending, advising and informing!"

    If you are looking for an attorney who will listen to your concerns and feel that he is personally and professionally invested in results, Joshua Hill is your attorney. I was astonished by the level of knowledge Mr. Hill possesses while proving he is strat

    - Kerri
  • "Experienced, responsive, and knowledgeable."

    mmediately upon my retaining Mr. Healy he was there, accessible, through phone and text, explaining to me all the answers of the questions I had about the intimidating arena I had just been forced into. He replied to all of my concerns thoroughly and speci

    - Tyler
  • "Honest and Amazing Attorney."

    I called Mr.Hill and talking with him, he was very respectful, professional and most of all honest. Whenever I had a question, Mr. Hill was very accurate and informative during the whole process.

    - Rodney
  • "An Excellent Lawyer!"

    Gerald Healy represented my son in a very serious court martial case. He walked with us each step of the way from the beginning to the end. He put in numerous hours and left no stone overturned when working on my son’s case.

    - Anonymous

Our Battles Won

Results Matter. When your career, reputation, and freedom are on the line, you need an experienced law firm in your corner. With more than 75 years of combined legal experience, the attorneys at MJA know how to fight and win. Our results speak for themselves.


    Quantico, Virginia. Marine Corporal (E-4) Acquitted at Court-Martial of Wrongful Drug Use After Positive Urinalysis.

    Drug Use

  • "NOT GUILTY" Fort Cavazos, Texas

    Fort Hood, Texas. Army Private Second Class (E-2) Acquitted of Rape and Sexual Assault Charges After Week-Long Trial.

    Sexual Assault

  • "NOT GUILTY" Parris Island, South Carolina

    Parris Island, South Carolina. Marine Staff Sergeant (E-6) Acquitted at Court-Martial of Hazing, Blood Striping, and Pinning.


  • "NOT GUILTY" Kings Bay, Georgia

    Kings Bay, Georgia. Master-at-Arms Third Class (E-4) Acquitted by Jury of Dereliction of Duty Involving Firearm.


  • "NOT GUILTY" Spangdahlem Air Base, Germany

    Spangdahlem Air Base, Germany. Senior Airman (E-4) Accused of Rape and Abusive Sexual Contact Acquitted by Military Judge.

    Sexual Assault

When Your Career Is On The Line

Our decentralized approach to military defense ensures that we can represent service members from any branch of the military, of any rank, at any military base or installation stateside or abroad.

For A Free Consultation Contact Us Today

  • Please enter your first name.
  • Please enter your last name.
  • Please enter your phone number.
    This isn't a valid phone number.
  • Please enter your email address.
    This isn't a valid email address.
  • Please enter where are you stationed.
  • Please make a selection.
  • Please enter a message.
  • By submitting, you agree to be contacted about your request & other information using automated technology. Message frequency varies. Msg & data rates may apply. Text STOP to cancel. Acceptable Use Policy