Manslaughter is the unlawful killing of another, that is not first or second degree murder. The maximum penalty for manslaughter is 10 years -much less than the maximum for murder. Manslaughter is typically defined the killing of another, but without malice or premeditation. Experienced Baltimore Criminal Defense attorneys have argued that an action, taken in the heat of blood or sudden passion, is manslaughter, not murder, as malice is absent. Manslaughter can be thought of, not as a lesser type of murder, but rather as a separate crime. The presence of a sufficient provocation can reduce a murder to manslaughter. The discovery of one’s spouse, in bed, with another
a so called in flagrante delicto
is not, as a matter of law, sufficient provocation to reduce murder to manslaughter. One can also be guilty of manslaughter due to the culpable operation of a car or boat that results in the death of another, under the separately charged offenses of manslaughter by vehicle or vessel- gross negligence, or manslaughter by vehicle or vessel- criminal neglignece.