Involuntary manslaughter is a crime that involves the unlawful taking of someone's life while engaging in a criminal act. The intent to kill differentiates murder and involuntary manslaughter. If your actions were motivated by malice aforethought or intent to kill, murder charges could apply. You could face charges for involuntary manslaughter if this intent is not present. Under California law, involuntary manslaughter is a serious felony that attracts a fine and a jail term that does not exceed four years. You could also face additional consequences after a conviction, like severe immigration consequences, loss of your right to possess or own a gun, and a damaging criminal record. If the prosecutor accuses you of involuntary manslaughter, the California Criminal Lawyer Group can help you navigate the justice system. Our Bakersfield lawyers will help you create a convincing defense to fight your charges.

Involuntary Manslaughter Under California Law

Killing another person is a serious crime. A person's life should be safeguarded because it is sacred. There are strict laws that prohibit any conduct that can cause death. One of the statutes that safeguard life is Penal Code 192(b), which outlines the crime of involuntary manslaughter. You could face criminal charges under this statute if you negligently cause the death of someone else without malice aforethought or intention to kill. Some deaths occur because of accidents, but others are deliberate and are caused by carelessness. The prosecutor files charges against criminals who commit this crime depending on the facts of a case.

A person’s death is involuntary manslaughter if the perpetrator did not cause the death intentionally. You can only face charges under Penal Code 192(b) if you acted with criminal negligence. Involuntary manslaughter is also called accidental homicide or negligent homicide. The critical element of this statute is that the defendant did not intend to murder the victim. If you had the necessary intent or behaved with malice aforethought, the prosecutor could file murder charges instead of involuntary manslaughter. If you commit a similar offense using a vehicle, you could face serious felony charges. The prosecutor could file vehicular manslaughter charges against you if you negligently use a vehicle to kill another person.

Involuntary manslaughter is a felony crime under Penal Code 192(b). If the prosecutor accuses you of involuntary manslaughter, he/she must prove the following elements:

  • You committed an infraction, misdemeanor, or any other crime that is not necessarily a dangerous felony, or you unlawfully executed a legal act.
  • You acted in a criminally negligent manner.
  • Your acts caused another person’s death.

An Infraction, Misdemeanor, or Lawful Act

Involuntary manslaughter occurs if you kill someone when engaging in an unlawful or wrongful act. A criminal act constitutes the following:

  • A low-level offense that attracts only a fine, like a traffic violation or disturbing the peace under Penal Code 415.
  • An act that is not an offense but is considered illegal under California law.
  • A felony that is not regarded as ''inherently dangerous.''
  • A misdemeanor.

You will not face involuntary manslaughter charges if you kill another person in the process of committing a felony, typically regarded as ‘’inherently dangerous’’. Instead, you could face murder charges under ‘’felony-murder rule’’.

Criminal Negligence

The prosecutor must prove that you acted with ''criminal negligence'' regardless of whether you are charged with involuntary manslaughter based on an underlying offense or underlying lawful act. Criminal negligence exceeds inattention, carelessness, or a mistake in judgment. It only happens when:

  • You act in a reckless manner that creates a high risk of death or great bodily harm, and
  • A reasonable person would have been aware that acting in that manner would pose a risk.

Causing Someone’s Death

Your act could cause someone’s death if the victim’s death was:

  • Direct,
  • Natural,
  • Probable result of your actions.

It must be evident that the repercussions of your actions and death could not have happened if you did not act the way you did. In this case, a reasonable person would have been aware that death was likely to occur from their actions. It is an offense under Penal Code 152 PC to conceal an accidental death.

Involuntary Manslaughter Based On Legal Duty

The judge could convict you under Penal Code 192(b) if you fail to fulfill your legal duty. However, the prosecutor must prove the following elements for you to face charges:

  • You owed the deceased a legal duty of care.
  • You did not honor that duty.
  • You were criminally negligent for failing to carry out your legal duty to the deceased.
  • You caused the alleged victim's death by failing to fulfill your legal duty.

The judge can decide whether you owe another person a legal duty of care. Usually, it depends on your relationship with the victim or the kind of job you do. For example, you owe your children a legal duty of care. You could face involuntary manslaughter charges if you fail to perform your legal duty and your child dies.

The following are the relationships that could give rise to a legal duty of care:

  • Two individuals in a relationship, whereby one partner assumes responsibility for the other.
  • The relationship between a caretaker or caregiver and the one they are caring for.
  • The relationship between a parent and a child.

Penalties For Involuntary Manslaughter Charges

The judges often charge the crime of involuntary manslaughter as a felony. If you are found guilty of this crime, you could face the following penalties:

  • Court fines and penalty assessments that do not exceed $10,000.
  • A jail term of two, three, or four years in a state prison.
  • Felony or formal probation.

At times, the judge could sentence you to felony probation. During the probation period, you will be under the watchful eye of a probation officer. The probation officer will monitor you to ensure you comply with the judge's probationary conditions. The probation officer will also update the court on your performance periodically. You must comply with the probation conditions when you are released from custody. Probationary conditions in an involuntary manslaughter sentence could include:

  • Undergoing drug or alcohol treatment if the judge determines that alcohol or drugs played a role in your actions.
  • Participating in community service.
  • Avoiding committing any additional offense while on probation.
  • To continue to be subject to the jurisdiction of the court during the probation period.

You could face criminal charges if you fail to comply with the conditions of probation. The judge will schedule a probation breach hearing to determine which conditions you broke and why. The judge can decide the following after hearing the case:

  • Revoke your probation and put you back in custody to complete your jail term.
  • Continue your probation under new, strict rules and regulations.
  • Continue your probation under the same conditions, but you will face a strong warning regarding future infractions.

Involuntary Manslaughter As A Strike

Involuntary manslaughter could sometimes qualify as a strike under the California Three-Strikes Law. The offense automatically becomes a strike crime if you use a weapon, like a firearm. Your conviction counts as a strike, and it could negatively influence the possible penalties for any subsequent strike offenses. If you already have one strike on your record, this crime will count as a second strike, attracting double the legal repercussions for the offense. If you already have two strikes and this one counts as a third strike, you could face 25 years to life in prison.

Federal-Level And State-Level Penalties And Sentencing

You could face lesser penalties than any other form of homicide if you cause another person’s death because of reckless behavior. You also face lesser penalties if you cause someone’s death through the commission of another offense without intent to kill.

 If you are guilty of involuntary manslaughter, you could face felony charges at both the federal and state levels. The penalties you could face include fines, probation, and jail terms. The sentence for involuntary manslaughter is a prison sentence at the federal level. Your jail term will vary based on whether you committed the offense through reckless behavior. You could face vehicular manslaughter charges if you commit the crime using a vehicle. In cases involving involuntary manslaughter using an automobile, judges rely on discretion.

At the state level, the sentencing for involuntary manslaughter varies significantly from the sentencing at the federal level. However, when the state courts develop sentencing guidelines, they usually get cues from the federal courts. Generally, the state gives a range of possible sentences for an offense. The judges are then free to determine the appropriate sentence for a particular offense.

The judges consider several factors when judging an involuntary manslaughter case. The typical factors include aggravating and mitigating factors. These factors assist the judges in determining how severe the sentence should be. Aggravating factors could enhance the severity of the offense. Aggravating factors in an involuntary manslaughter case could include reckless behavior and a bad criminal history. Mitigating factors, on the other hand, reduce the severity of the offense. Mitigating factors in an involuntary manslaughter case could include accepting liability for the offense. A lack of a criminal record could also act as a mitigating factor in an involuntary manslaughter case.

Defenses to Involuntary Manslaughter Charges

When a person dies under mysterious circumstances, law enforcement, the prosecutor, and the judge must be involved in the case. The person who caused the death must be held accountable. At times, they charge the suspects using scant evidence. Many innocent people are convicted in this manner.

Criminal trials ought to allow the accused individuals to challenge the allegations. If the prosecutor accuses you of involuntary manslaughter, several defenses are available for you to use to challenge the accusations. They include:

You are a Victim False Accusations

False accusations of severe crimes like involuntary manslaughter are common. Some people accuse others unjustly because of jealousy, to gain an edge over them, or a desire for vengeance. A close relative to the victim could also attempt to blame you when he/she is directly liable for the death. Another person could also intend to avenge or harm an innocent person.

If you face involuntary manslaughter charges for an offense you did not commit, a skilled criminal attorney can help you. An experienced attorney knowledgeable of homicide cases understands the defenses that can have the judge drop your charges. For example, your attorney can give the details of what you did and where you were when the victim died. Your attorney will also evaluate your case and provide evidence indicating that someone else accused you of a crime you did not commit.

Lack Of Enough Evidence

The prosecutor must demonstrate all the elements of your crime beyond a reasonable doubt for you to face the charges under PC 192(b). You could only face the charges if the prosecutor has substantial evidence. Even if there is insufficient evidence, law enforcement will be quick to accuse you of involuntary manslaughter. At times, they do not even attempt to understand how the death occurred. They always rush to solve it. That is why you need to consult a skilled attorney if you face involuntary manslaughter charges. Your attorney will investigate to understand the circumstances of your case. An attorney will also speak with eyewitnesses and review all the available evidence to determine the circumstances surrounding the case. Sometimes, attorneys go to the extent of seeking advice from forensic scientists and professionals. Your charges could be dropped if their evidence convinces the court that you are innocent.

It Was An Accidental Death

You could face involuntary manslaughter charges even if you killed the victim accidentally. Accidents happen all the time. They revolve around circumstances whereby you did not intend to kill the victim. If you did not engage in any wrongful acts or commit any crime, your attorney can claim that your activities were unintentional. Your charges could be dropped or dismissed if he/she persuades the judge. However, you must show the following elements for the jury to conclude that your actions were truly accidental:

  • You were performing a legal task when the incident happened.
  • Your actions did not qualify as criminally negligent.
  • You had no malicious motive to hurt the victim.

Self-Defense or The Defense Of Others

You can legally defend yourself if, when you committed the crime, you believed that your life or another person's life was in danger. Using reasonable force to stop another person from injuring you or another person is lawful. However, these facts can only be admissible in court if:

  • You only used the force that was necessary to protect yourself and another person from the inherent harm.
  • You believed that employing force was required because of the immediate threat you faced.
  • You or another person were in immediate danger of death or severe physical harm.
  • You thought that you or another person was about to be robbed, severely injured, or raped.

Related Offenses

Some of the crimes that could be charged alongside involuntary manslaughter include:

Murder, Penal Code 187

Murder is defined under Penal Code 187 as killing a fetus or fellow human with malice aforethought. If the judge charges you with murder, it suggests that your actions had no regard for human life. Murder can be classified as first- or second-degree murder. All felony murders and premeditated killings fall under first-degree murder. This is where you kill another person while committing rape, carjacking, robbery, or other serious offenses. You could commit first-degree murder in several ways, including:

  • Felony-murder, whereby you kill another person while committing certain felonies.
  • Willful, deliberate, and premeditated killing.
  • Inflicting torture as outlined under California PC 206.
  • Using an explosive, a harmful device, or ammunition to penetrate metal or armor.

On the other hand, there is no premeditation under second-degree murder. It is a willful crime that was not planned. The following acts amount to second-degree murder:

  • Sucker-punching a smaller and inebriated individual viciously, causing them to fall and suffer a fatal head injury.
  • Causing an accident that kills another person while having a prior DUI conviction.
  • Firing a gun in a crowded room and killing another person when you did not intend to kill. This is the negligent discharging of a firearm under Penal Code 246.3.

If the prosecutor accuses you of murder, Penal Code 187 requires that he/she prove the following elements:

  • You caused the death of a fetus or someone else.
  • You acted with malice aforethought.
  • You killed without lawful justification or excuse.

You will face murder charges, depending on the degree of murder that you commit. First-degree murder charges attract a jail term that does not exceed 25 years to life in a state prison. You could face life imprisonment without parole if it was a hate crime. Second-degree murder charges attract a jail term that does not exceed 15 years in a state prison.

You could also face enhanced penalties, as follows:

  • If you used a gun during the murder, you could face an additional 10, 20, or 25 years to life imprisonment.
  • Loss of your gun rights according to PC 29800.
  • A fine that does not exceed $10,000.
  • Victim restitution.
  • Sentence enhancement if the crime associated with a gang.
  • A ‘’strike’’ under California's Three Strikes Law.

However, you could present the following defenses to challenge your murder charges:

  • Mistaken identity.
  • Illegal search and seizure.
  • False and coerced confessions.
  • The insanity defense and the M'Naghten rule.
  • The killing was accidental.
  • You acted in self-defense or defense of others.

Voluntary Manslaughter, Penal Code 192(a)

Voluntary manslaughter is defined under Penal Code 192(a) as the unlawful killing of another person in the heat of passion or during a sudden quarrel. The killing could also be based on an honest but unreasonable belief in the need to defend yourself. If the prosecutor accuses you of violating Penal Code 192(a), he/she must prove the following elements:

  • You were provoked.
  • You acted rashly after being provoked, and your reasoning was obscured by intense emotion.
  • An average person would have acted rashly and without deliberation after provocation.

Examples of voluntary manslaughter cases include:

  • Responding to ‘’fighting words’’ with lethal force.
  • Aiding suicide, even if the victim consented to your help.
  • Using deadly force unnecessary during a physical altercation.
  • Killing another person you unreasonably believe is a threat to your child.
  • Stabbing your spouse in a sudden rage.
  • Strangling a murder suspect of your loved one in a heat of passion after smirking at you in court.
  • Using lethal force against an unarmed pick-pocketer.

According to Penal Code 192(a), ''heat of passion'' means any intense or violent emotion that makes an individual act impulsively. You would be more likely to be guilty of premeditated murder than manslaughter if you had sufficient time to cool off between the time of provoking and killing. The cooling-off period can assist you in regaining your ability to reason.

Judges often charge voluntary manslaughter, a felony crime. The judge could do the following for a manslaughter sentence:

  • Sentence you to probation with a jail term of one year in a county jail.
  • Deny you probation and impose a jail term of three, six, or eleven years in a state prison.

You could also face the following penalties if you are guilty of voluntary manslaughter:

  • A fine that does not exceed $10,000.
  • Counseling services like anger management lessons.
  • Community service.
  • Loss of your right to possess or own a gun according to Penal Code 29800, ‘’felon with a firearm’’ statute.
  • Strike on your record according to California Three Strikes Law.

A judge can impose a lesser sentence if you present the following mitigating circumstances:

  • You have been a cooperative defendant and a model.
  • You have no other criminal record.
  • Claiming that any reasonable person would have acted in a similar manner.

The best defense strategy you could present to contest voluntary manslaughter charges includes:

  • The killing was accidental.
  • You were insane at the time of the killing.
  • You killed to protect yourself or another person.

Find a Criminal Defense Attorney Near Me

Involuntary manslaughter attracts harsh penalties, including hefty fines and jail terms. Understanding your legal options and the charges can improve your case’s outcome. It can also help you avoid suffering the consequences of a criminal conviction. At the California Criminal Lawyer Group, we provide legal support and guidance to ensure a smooth legal process in an involuntary manslaughter case. We will help you create an effective defense strategy to fight your charges in Bakersfield. Contact us at 661-750-8230 to talk to one of our attorneys.