
Manslaughter is the act of unintentionally killing another person during the commission of:
- Some Dangerous Lawful Acts
- Certain Criminal Acts
Individuals who are accused of unintentionally causing the death of another person may be charged under CA Penal Code Section 192(b): Involuntary Manslaughter.
Under the penal code, voluntary manslaughter is the “unlawful killing of someone during a quarrel or heat of passion.” There cannot be malicious intent by the party who inflicts the harm.
Penal Code §192(a) typically comes in two ways: as a plea negotiation or through a jury decision. In both instances, there is a murder charge that is lowered to voluntary manslaughter. The murder is not under review, only the intentions and actions of the person committing the crime.
You can find out more about this charge, the penalties for a conviction, and legal defenses right here with the Simmrin Law Group.
Legally Defining Involuntary Manslaughter in California
California uses a very strict definition for involuntary manslaughter. Individuals should only be charged under PC 192(b) if they caused another person’s death by committing an:
- Infraction
- Misdemeanor
- Felony That is Not Inherently Dangerous
- Unlawfully Dangerous Lawful Act
Individuals must act with criminal negligence to be convicted of involuntary manslaughter. Criminal negligence is demonstrated by individuals who act reckless or in a way that reasonable people would see as highly dangerous.
This means that purely accidental deaths should not be prosecuted under PC 192(b) in California. Individuals must behave dangerously and engage in risky or criminal behavior to face involuntary manslaughter charges.
Legal Duty and Involuntary Manslaughter
The court system can also use involuntary manslaughter charges if someone fails to carry out one of their legal duties and this results in an individual’s death. Individuals may face these charges if they:
- Have a Legal Duty
- Fail to Carry It Out in a Criminally Negligent Way AND
- This Failure Leads to a Death
Legal duty can be a complicated concept to understand in California. Parents generally have legal duties to their children, for example. However, something as simple as “assuming responsibility” for someone else – perhaps by offering to take a drunk friend home from the bar at closing time – can lead to a perceived legal duty.
Comparing Involuntary and Voluntary Manslaughter
There are multiple types of manslaughter in Los Angeles and throughout California. As we mentioned, involuntary manslaughter may occur without individual planning to kill someone else. This sets it apart from voluntary manslaughter.
Individuals can face charges under California Penal Code Section 192(a): Voluntary Manslaughter for intentionally killing another person in the heat of the moment of due to the heat of passion. Voluntary manslaughter is generally punished more harshly than involuntary manslaughter.
Voluntary Manslaughter Definition
Manslaughter is the unlawful killing of a person without malice, while voluntary manslaughter requires the killing to happen during a sudden quarrel. The prosecution must prove these elements for a conviction:
- The defendant was provoked
- The provocation causes impaired judgment or the person to act emotionally
- Any reasonable person would act in the same manner after the provocation
Essentially you lost control in the moment, and any average person would have done the same. Murder charges involve a person intentionally trying to kill another person or having a conscious disregard for human life. Murder needs the element of malice, whether implied or expressed.
Manslaughter has one other situation under Penal Code 192(a): imperfect self-defense. The most used example to differentiate murder and manslaughter is when a spouse comes home, catches their spouse cheating, and immediately shoots a gun. This example is manslaughter; conversely, if the person stops to think before they shoot, the charge is murder.
Focus on Examples of Involuntary Manslaughter
Get a firm grasp of involuntary manslaughter charges in California by going over the following examples:
Man A snatches a woman’s purse and runs away. As he runs across a road, he bumps into an elderly man, knocking him into the path of a vehicle. The elderly man dies after being struck by the car. Man A could be charged with involuntary manslaughter.
Man B surprises one of his friends on their birthday. The friend is so startled by the surprise party that she has a heart attack and dies. Her death was accidental and not a result of reckless or dangerous activity. Man B should not face involuntary manslaughter charges.
Examples of Voluntary Manslaughter
Legal definitions do not suffice for laypeople to understand the concept of voluntary manslaughter. We will provide a few examples, but remember, these are not the only ways you can reduce murder to manslaughter. You must speak to a local criminal defense lawyer to determine if your circumstances qualify for voluntary manslaughter.
Suppose you are at a murder scene and are told that your loved one’s murderer is on the scene. You then confront the alleged murderer, ending in the murderer suffering a fatal wound. That is a prime example of being in the heat of the moment and acting reasonably.
Another example is a hunter looking for deer while under the influence, believing they found one and shoots. What they thought was a deer was actually another hunter. Since the defendant disregards human life, it is a voluntary manslaughter charge.
Types of Provocations or Passion
You should be aware of additional legal definitions for voluntary manslaughter because your testimony will be contingent on your intention. During a sudden quarrel, the defense did not enter the situation looking for a fight, and the disagreement came out of nowhere. You made an impulsive decision in response to the current situation.
Imperfect self-defense is when you think you have the right to use deadly force to defend yourself, but you do not. You did not want to use deadly force but felt it was within your right and necessary to do so. While your confusion is understandable, it does not exempt you from criminal penalties, and you will face fines and imprisonment.
The heat of passion is when a provocation makes you angry and impulsive; these provocations would cause other people to react similarly. You cannot use deadly force and cite heat of passion when a person reveals their gender to you under California law. There is one exception, and that is finding out a person’s true gender.
Results of an Involuntary Manslaughter Conviction
The courts in California treat involuntary manslaughter as a felony. This means that the penalties for a conviction can be very harsh, including:
- Up to $10,000 in Fines
- Up to Four Years in Jail
Note that these are only the penalties used in criminal trials. Sometimes, involuntary manslaughter may lead to a civil trial that can require individuals to pay tremendous amounts of restitution to the family of the victim.
Voluntary Manslaughter Penalties
The penalties for taking another life are life-changing regardless of your conviction or reasoning. Voluntary manslaughter in California is a felony, and when you are convicted, you will face harsh penalties like:
- One strike under California’s three strikes law
- Fines up to $10,000
- Up to eleven years in state prison
You must also attend counseling and will be unable to own a firearm. The court can grant probation under certain circumstances. There are also related crimes that can extend your sentence and penalties like:
- Penal Code §192(b) PC – involuntary manslaughter
- Penal Code §191.5(a) – gross vehicular manslaughter while intoxicated
- Penal Code §191.5(b) – vehicular manslaughter while intoxicated
- Penal Code §187 PC – second-degree Watson murder – DUI manslaughter
- Penal Code §187 PC – murder
Murder is often compared to voluntary manslaughter; if you are convicted, you will face life in prison or the death penalty. If murder is the charge, you must work with a criminal defense lawyer in Los Angles to reduce the charges to voluntary manslaughter, as it can be your best outcome.
Building a Legal Defense to Involuntary Manslaughter
Individuals do not have to simply accept an involuntary manslaughter charge in California. You can focus on building a defense against this accusation by reaching out to a criminal defense lawyer in Los Angeles. A professional lawyer can go over the facts surrounding your case and they may be able to show that:
The Death was a Result of Self-Defense
Sometimes, individuals must take drastic actions to protect their own lives or the lives of others. You may be able to plead self-defense if you killed someone else to protect yourself or someone else from great bodily injury or death.
The Death was Accidental
At first glance, it may seem that all acts of involuntary manslaughter are accidental. After all, they are not premeditated acts of murder. However, your lawyer will need to show that the death involved no reckless or criminal behavior for it to be considered legally an accident.
Defend Yourself Against Manslaughter Charges
CA Penal Code Section 192(b): Involuntary Manslaughter charges can lead to high fines and years of incarceration. California Penal Code Section 192(a) carries severe consequences and will change your life forever. You will likely need to decide to accept the consequences as part of a plea bargain in lieu of a murder conviction. However, do not lose hope, as many defenses are available to help you face the least possible consequences. Get help facing this charge now by reaching out to the criminal defense lawyers at the Simmrin Law Group. Our team can start helping you today.
You can get the legal advice you need now with a FREE consultation.