Manslaughter is the unlawful killing of another person without malice. There are two main types of manslaughter that include voluntary and involuntary. California Penal Code 192 covers the definition and penalties for both crimes of manslaughter. Voluntary manslaughter occurs when you kill someone deliberately but without premeditation.
Involuntary manslaughter is the killing of another person without intent to kill and without malice, but with a conscious disregard for human life. These types of murders often happen during the heat of an argument or confrontation. The defendant did not enter the argument with the intent of killing the other person.
Manslaughter charges are serious and you will face harsh penalties if convicted. It is best to seek legal help from a qualified criminal defense attorney as soon as possible.
- California Penal Code 192 defines voluntary manslaughter as the “unlawful killing of a human being upon a sudden quarrel or heat of passion”.
- Unlike murder charges, the defendant in a manslaughter case did not commit the crime with malicious intent. The death occurred either voluntarily or involuntarily based on the circumstances of the event.
- The definition of involuntary manslaughter is “the commission of an unlawful act, not amounting to a felony; or the commission of a lawful act, which might produce death, in an unlawful manner or without due caution and circumspection”.
- Involuntary manslaughter is the killing of another person without intent to kill and without malice, but with a conscious disregard for human life.
- Involuntary manslaughter is the lesser of the two charges because the death was unintentional.
To be convicted of felony voluntary manslaughter, the prosecutor must prove that you committed an act that resulted in someone’s death and that the act was dangerous to others or was done with reckless disregard for human life. In addition, the prosecutor must prove that you knew or should have known that the act was a threat to human life.
For a conviction of voluntary manslaughter, the prosecution must prove that you were provoked and the provocation caused you to act with impaired judgment and reasoning. Further, any reasonable person would have acted in a rash manner under the same circumstances.
- Voluntary manslaughter is a felony with penalties of up to 11 years in prison and fines of up to $10,000.
- California has a three strikes sentencing law that imposes punishments for additional strikes to your record. Some of the extra punishments are the inability to own or possess a firearm, community service, and counseling.
- If you are convicted of a second offense, you will face double the standard sentence. A third strike could result in a prison sentence of 25 years to life because it is a violent crime.
If you or a loved one is facing Manslaughter charges, call our firm today. We are here to listen. We are here to help, and we can help you fight for your future. Give us a call today.
If you have been charged with
manslaughter, call 805-477-0070 now.
We can provide you with a free case review.
The Law Offices of David Lehr provides legal representation to individuals facing felony charges of manslaughter in Ventura, Oxnard, and Camarillo, California. No attorney or law firm can make any promises or guarantee an outcome for your criminal case. The contents presented on this site are for informational purposes only and should not be construed as legal advice. Visiting this website does not establish an attorney/client relationship.
MEET OUR TEAM
Our law firm provides honest, thoughtful, clear, and effective guidance and support to our clients. We will lead you through the difficult times and help you secure your future.
This firm is a "unicorn." Honest, dedicated, and kind, as well as excellent and honorable in their practice.
He listened to my concerns and is willing to go the extra mile. He is really knowledgeable and responds quickly.
Thanks to David and Daniel, my life is back on track.
Caring and professional attorneys that will do whatever they can to help you legally, and whatever they can offer you after the fact. They are exemplary human beings and both deserve recognition for all of their efforts in every happenstance.
David has provided awesome support during some of our darkest days. Even went out of his way to help my son get into programs. David is very well connected. If you need effective and immediate legal counsel he should be the first attorney you call.
He actually takes the time to listen to you and make you feel like you matter.
David is fantastic. He gives you everything he has, he cares, thinks soooo fast on his feet, and is very intelligent.
David was very professional, direct, informative and no BS. He has a great reputation. I spoke with a LOT of other individuals who have had legal troubles, David Lehr was the most often recommended Lawyer and he has an excellent track record.
David Lehr not only represented me thoroughly, effectively, and honestly but he also gave great thought, concern, and insight to my needs. He handled my affairs promptly and I found success in all areas of his dealings. I could not have had a better lawyer. I am forever grateful.
Contact us today for a free case evaluation
If you have questions regarding other service offerings do not hesitate to send us a message.