![JPLaw - Transparent[45]_edited_edited.pn](https://static.wixstatic.com/media/2acf08_47c67d8204644ff39837c045e5db2f06~mv2.png/v1/fill/w_283,h_82,al_c,q_85,usm_0.66_1.00_0.01,enc_auto/JPLaw%20-%20Transparent%5B45%5D_edited_edited_pn.png)
California Manslaughter Laws
- Penal Code §192 -
Manslaughter Charges - PC 192
California law defines manslaughter as “the unlawful killing of a human being without malice.” Pen. Code §192. Manslaughter is the general umbrella term used to describe a homicide that does not rise to the level of murder.
Voluntary, involuntary, and vehicular manslaughter are the three kinds of manslaughter that are criminalized in California. Manslaughter is a serious offense with potentially life-altering consequences, including imprisonment, fines, and other penalties.
Penal Code §192 States:
"Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:
(a) Voluntary—upon a sudden quarrel or heat of passion.
(b) Involuntary—in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.
(c) Vehicular—
(1) Driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
(2) Driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.
(3) Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person."
CRIMINAL DEFENSE
1. Voluntary Manslaughter Charges in California
Voluntary manslaughter is the most serious type of manslaughter recognized in California. Like the crime of murder, voluntary manslaughter involves the intentional killing of another person. What differentiates voluntary manslaughter is that the killing is “committed upon a sudden quarrel or heat of passion.”
A killing is characterized as being during a sudden quarrel or heat of passion whenever the defendant can demonstrate that (1) he or she was provoked by the victim, (2) that the defendant acted rashly and under the influence of intense emotion, and (3) a reasonable person would have acted rashly and without due deliberation. Voluntary manslaughter is punishable by imprisonment in the state prison for 3, 6, or 11 years.
Example: A fairly common example of voluntary manslaughter is a husband coming home to find his wife in bed with another man. If the husband becomes so enraged by the wife’s betrayal that he kills either his wife or her mistress, then the husband may be charged with voluntary manslaughter.
It should be noted that most voluntary manslaughter charges begin as murder charges. It’s the job of a good criminal defense attorney to negotiate a murder charge down to a charge of voluntary manslaughter.
2. Involuntary Manslaughter Charges in California
Involuntary manslaughter occurs when a person commits an unlawful killing but does not intend to kill and does not act with conscious disregard for human life. Involuntary manslaughter is often referred to as negligent homicide or negligent manslaughter because it requires some kind of criminal negligence. Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgment.
Criminal negligence requires (1) the person act in a reckless way that creates a high risk of death or great bodily injury and (2) a reasonable person would have known that acting in that way would create such risk.
The difference between involuntary manslaughter and other homicide offenses depends on whether the person knew their conduct created a high risk of death and chose to disregard that risk. When a person is unaware of the risk of death, then the offense is characterized as involuntary manslaughter. Involuntary manslaughter is punishable by imprisonment for 2, 3, or 4 years depending on the circumstances.
A judge can also order that the defendant be imprisoned in jail as a condition of the defendant's probation.
It should be noted that involuntary manslaughter does not apply to acts committed while driving a vehicle. An unintentional killing committed while driving a vehicle is criminalized as vehicular manslaughter.
3. Vehicular Manslaughter Charges in California
Vehicular manslaughter is an unintentional killing that resulted from the reckless or negligent driving of a vehicle. A common example of vehicular manslaughter is a death caused by someone driving under the influence. However, vehicular manslaughter encompasses much more. A person can be charged with vehicular manslaughter even when the death is caused by complete accident.
Vehicular manslaughter can be charged as either a misdemeanor or a felony depending on the circumstances of the case. The punishment for vehicular manslaughter can range anywhere from informal probation all the way up to 10 years in state prison.
Charges for vehicular manslaughter arise from a collision resulting in death.
Some factors that can influence the disposition of a vehicular manslaughter case include (1) whether the driver was impaired by alcohol or drugs, (2) whether the driver was reckless or merely negligent, (3) the speed at which the driver was travelling, (4) any prior offenses on the driver’s criminal record, and (5) whether the driver fled the scene after the accident.
Common Defenses to Manslaughter Charges
There are many defenses that can be used to defend someone charged with manslaughter in California. The right defense depends on the kind of manslaughter being charged. Below are some common defenses to manslaughter charges.
Self Defense –
Self-defense is an excellent defense for someone charged with voluntary or involuntary manslaughter. A person who kills another person out of reasonable fear he or she was in imminent danger of death or serious bodily injury, then the person would not be guilty of manslaughter.
Killing in self-defense is only justified if the person’s fear of imminent death or serious bodily injury is reasonable. The defendant is only entitled to use that amount of force that a reasonable person would believe is necessary in the same situation.
Accidental Killing –
A charge of manslaughter requires at least negligence on the part of the offender. If a death is truly accidental, without negligence on the part of the defendant, then he or she is not guilty of manslaughter.
Insanity –
An insanity defense can be very useful when facing manslaughter charges. Under California law, insanity means that at the time the offense was committed, the defendant was either (1) incapable of knowing or understanding the nature of his act or (2) of distinguishing right from wrong.
It is always recommended that someone charged with manslaughter in Orange County contact an experienced criminal defense attorney as soon as possible. Manslaughter is a very serious offense that can affect the entire trajectory of someone’s future. Don’t wait until you are standing before the judge to tell your side of the story.
Contact An Orange County Criminal Defense Lawyer
John-Patrick Mullen-Lujan is a trusted Orange County criminal defense lawyer that prides himself on his ability to communicate with clients as he helps them navigate our complex criminal justice system.
Attorney Mullen-Lujan was named one of the Best Criminal Defense Lawyers in Orange and Newport Beach. Hire an attorney you can trust and who can provide the zealous advocacy you need.
Contact JPLaw, P.C. to schedule your FREE consultation with Orange County criminal defense lawyer John-Patrick Mullen-Lujan. Together you will review your case and develop a legal defense strategy tailored just for you!
JPLaw, P.C.
Orange County Law Office
Old Town Orange Office
410 N Clark St.
Orange, CA 92868
Phone: (949) 991-7057
Email: JPLAW22@outlook.com