Manslaughter
Manslaughter is generally defined as the unintentional or accidental killing of a person. Under California law there are three classifications of manslaughter: voluntary, involuntary, or vehicular, where the death results from a car accident.
Under Penal Code 192(a), voluntary manslaughter is defined as a killing that occurs when someone is provoked to the point that a rational person would have acted rashly and the killing lacks the “malice aforethought” that is required to constitute murder. A common example of such provocation is when one person is having an affair with the defendant’s partner, and the defendant kills out of anger.
Voluntary manslaughter charges are filed when the accused admits to killing the victim but seeks to have the charge reduced from murder to manslaughter. A defendant faces a maximum of 11 years in prison for manslaughter but a possible life or death sentence for murder.
Penal Code 192(b) defines involuntary manslaughter as a person accidentally killing another person while doing something inherently dangerous or committing a crime that is not a felony. If someone accidentally kills someone while committing a felony, this would be tried as murder. If convicted of involuntary manslaughter, you face up to four years in state prison, a $10,000 fine, or both.
Penal Code 192(c) defines ‘gross vehicular manslaughter’, as vehicular manslaughter that causes an accident that kills another person while being under the influence of alcohol or drugs. If the allegation is that you committed vehicular manslaughter while under the influence of alcohol or drugs, you could be charged with either Penal Code 191.5(a) — gross vehicular manslaughter while intoxicated, or Penal Code 191.5(b) — vehicular manslaughter while intoxicated.
To be convicted of vehicular manslaughter, the prosecution must prove that you were being criminally negligent or that you broke a traffic law.
Vehicular manslaughter is a ‘wobbler’, which can be charged as a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history, if any. The character of the charge depends on whether or not you acted with gross or ordinary negligence. As a misdemeanor, the maximum sentence is one year in county jail, but as a felony the maximum sentence is six years in state prison.
Under Penal Code 192(a), voluntary manslaughter is defined as a killing that occurs when someone is provoked to the point that a rational person would have acted rashly and the killing lacks the “malice aforethought” that is required to constitute murder. A common example of such provocation is when one person is having an affair with the defendant’s partner, and the defendant kills out of anger.
Voluntary manslaughter charges are filed when the accused admits to killing the victim but seeks to have the charge reduced from murder to manslaughter. A defendant faces a maximum of 11 years in prison for manslaughter but a possible life or death sentence for murder.
Penal Code 192(b) defines involuntary manslaughter as a person accidentally killing another person while doing something inherently dangerous or committing a crime that is not a felony. If someone accidentally kills someone while committing a felony, this would be tried as murder. If convicted of involuntary manslaughter, you face up to four years in state prison, a $10,000 fine, or both.
Penal Code 192(c) defines ‘gross vehicular manslaughter’, as vehicular manslaughter that causes an accident that kills another person while being under the influence of alcohol or drugs. If the allegation is that you committed vehicular manslaughter while under the influence of alcohol or drugs, you could be charged with either Penal Code 191.5(a) — gross vehicular manslaughter while intoxicated, or Penal Code 191.5(b) — vehicular manslaughter while intoxicated.
To be convicted of vehicular manslaughter, the prosecution must prove that you were being criminally negligent or that you broke a traffic law.
Vehicular manslaughter is a ‘wobbler’, which can be charged as a misdemeanor or a felony, depending on the facts of the case and the defendant’s criminal history, if any. The character of the charge depends on whether or not you acted with gross or ordinary negligence. As a misdemeanor, the maximum sentence is one year in county jail, but as a felony the maximum sentence is six years in state prison.
Examples of Defenses Against Manslaughter
Both voluntary and involuntary manslaughter can be defended on the grounds of self-defense. California’s self-defense laws justify your killing another person when you do so to protect yourself or another from being killed, suffering great bodily injury, or becoming the victim of a serious crime.
All forms of manslaughter can be defended if the killing was done accidentally. Accident as a California legal defense generally only applies when you had no criminal intent to do harm, you were not acting negligently or recklessly at the time of the accident, and you were not engaged in unlawful behavior at the time of the accidental killing.
All forms of manslaughter can be defended if the killing was done accidentally. Accident as a California legal defense generally only applies when you had no criminal intent to do harm, you were not acting negligently or recklessly at the time of the accident, and you were not engaged in unlawful behavior at the time of the accidental killing.