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.
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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.
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