Manslaughter

Manslaughter crimes in California involve unlawful killings that do not meet the criteria of murder due to the absence of the necessary element of malice aforethought. These serious violent crimes address unlawful killings where the element of “malice aforethought,” required for a murder conviction, is absent. The offenses distinguish between murder committed in the heat of passion or under an irrational belief of self-defense and those that are committed due to reckless or negligent behavior.

Penal Code 192(a), or voluntary manslaughter, occurs where strong emotion or provocation has clouded judgment, and Penal Code 192(b), or involuntary manslaughter, results in unintentional deaths due to criminal negligence. California also criminalizes negligent driving resulting in death, that is, vehicular manslaughter and DUI-caused homicide under Penal Code 191.5.

Whether you are charged with manslaughter or require professional advice, consult the CCLG: Los Angeles Criminal Attorney. We review your charges and build a strategic defense according to the nature of your case.

Voluntary Manslaughter, Penal Code 192(a) PC

In California, voluntary manslaughter is the intentional killing of another person, but in extenuating circumstances that reduce the blameworthiness of the act, there is a difference between this and murder. The killing must be done in the sudden quarrel or heat of passion, or based on the unreasonable belief that self-defense is necessary to qualify. This implies that, even though the defendant acted intending to kill, they lacked the malice aforethought element to constitute murder, and this reduces the grade of the offense committed.

Elements of the Crime

Firstly, an event must provoke the defendant enough to make an average person act rashly under strong emotion or sudden conflict. Second, such provocation should have led to impulsive behavior, which affected normal judgment and self-control. Third, the defendant must have had an honest but unreasonable belief that they needed to use deadly force to defend themselves—a doctrine known as ‘imperfect self-defense,’ which reduces what would otherwise be murder to voluntary manslaughter.

Penalties Upon a Conviction

Voluntary manslaughter is always a felony. Under California law, the sentence is three to eleven years in state prison or felony probation with up to one year in county jail. A conviction can also lead to a strike by the Three Strikes law in California, a fine of up to $10,000, and the right to own firearms.

Involuntary Manslaughter, Penal Code 192(b) PC

In California, involuntary manslaughter is the killing of another person unintentionally due to criminally negligent conduct or when the killing is in the process of committing a non-felony unlawful act. It is distinguished from voluntary manslaughter by the absence of an intention to kill, and it does not cover vehicular cases, which are dealt with by different laws.

In its essence, involuntary manslaughter is an unlawful killing that lacks malice, intent, or planning. Instead, it is a question of criminal negligence, a heedless handling of human life to the extent that a reasonable person would have foreseen a significant likelihood of death or grievous bodily harm. Because this crime is unintentional, a person cannot be charged with attempting to commit it.

Elements of the Crime

The prosecution is burdened to prove three elements beyond a reasonable doubt to get a conviction. First, the defendant must have acted illegally, for example, committed a misdemeanor or infraction, or acted unsafely. Second, the defendant was criminally negligent and behaved much more carelessly than. Third, the conduct of the defendant was the direct cause of the death of the victim in the sense that the death was a natural and probable consequence of the actions.

Involuntary Manslaughter Based on Legal Duty 

Another subcategory is when the defendant was in a legal obligation to the victim, for example, a parent, caretaker, or a person who had taken the responsibility voluntarily, and their criminally negligent breach of obligation caused the death.

Examples

Several scenarios demonstrate the practice of involuntary manslaughter. An example of a famous case is that of Dr. Conrad Murray, who was found guilty of prescribing propofol, which caused the death of Michael Jackson; he ended up serving almost two years of a four-year term. Other scenarios are a person on a stolen bike unintentionally hitting and killing a pedestrian, a dog owner whose dog runs free and attacks and kills another person, or a farm boss whose careless working conditions lead to a worker dying of heatstroke.

Penalties Upon a Conviction

Involuntary manslaughter is a felony offense that is punishable by two, three, or four years in the California state prison and/or a fine not exceeding $10,000. Courts can sentence to probation rather than prison, but convictions can lead to large amounts of court-ordered restitution. Also, the fact that a deadly weapon was used during the act causes a strike according to the California Three Strikes law.

Vehicular Manslaughter, Penal Code  192(c) PC

The California vehicular manslaughter law covers deaths that occur due to negligent or lawless driving and is separate and apart from felony-murder charges, which can be brought when a person dies in the course of a serious underlying felony. In 192(c), prosecutors can file charges when the actions of a driver, whether ordinary or grossly negligent, cause the death of another person.

Attempted Vehicular Manslaughter

This is normally not an offense under California law since vehicular manslaughter does not need any intent; it is founded on negligence. Because an attempt presupposes an intention to commit the felony, there can be no such thing as an attempted vehicular manslaughter.

Gross Vehicular Manslaughter, Penal Code 192(c)(1)

It is a so-called wobbler offense, as it may be pursued as a misdemeanor or a felony based on the aggravation of the misconduct and the driving record.

The state has to prove that the defendant was driving and committed a misdemeanor or a legal act dangerously, that the defendant acted with gross negligence, showing a reckless indifference to life, and that the act was a direct and natural consequence of the driving.

This can be anything, such as driving at a high speed, crossing lanes, texting whilst driving, or even intentionally causing an accident to make an insurance claim; the latter is covered under 192(c)(3).

Considered a misdemeanor, the punishment may be a county jail sentence of up to one year and a fine of 1,000. Being a felony, an individual is punishable by formal probation, 2, 4, or 6 years in a state prison, and a fine of not more than $10,000. Also, revocation of a three-year driver’s license is mandatory upon conviction.

Misdemeanor Vehicular Manslaughter, Penal Code 192(c)(2)

California Penal Code 192(c)(2) misdemeanor vehicular manslaughter is used when a driver causes a death due to ordinary negligence, which is below the gross negligence needed to constitute a felony. This count indicates a failure to exercise reasonable care on the road while committing a misdemeanor or a legal act under unsafe circumstances, yet without an aggravated attitude towards human life.

To be convicted, prosecutors must demonstrate beyond a reasonable doubt that the defendant was driving and in the process committed a misdemeanor or a legal act, that they acted with ordinary negligence, which means failing to exercise the degree of care that a reasonably prudent person would under comparable conditions and that such negligence was the direct cause of death of another person.

The typical example is where a motorist does not look at a crosswalk before turning and hits a pedestrian, killing them. The offense, like rolling through a stop sign or going a few miles over the speed limit, is enough to prove negligence but not gross recklessness.

This crime is always a misdemeanor, punishable by up to one year in county jail, a fine of up to $1,000, and is subject to summary probation.

Vehicular Manslaughter for Financial Gain, Penal Code 192(c)(3)

Vehicular manslaughter with financial gain is a situation where the driver knowingly causes a crash to file a false insurance claim, and another person dies. The crucial factor that distinguishes this crime is that the driver intended to defraud the insurer, which is an aspect of mens rea that is usually not present in other vehicular manslaughter cases.

Elements of the Crime

The defendant must have intentionally caused a crash with knowledge that it was to make a false insurance claim. Second, the act should roughly cause death to another individual.

Possible Penalties

This is a felony crime at all times. Sentencing involves 4, 6, or 10 years in the state prison and a maximum fine of $10,000. The DMV will also suspend the offender’s driver’s license for at least three years.

Vehicular Manslaughter While Intoxicated, Penal Code  191.5(b)

Vehicular manslaughter under the influence, Penal Code 191.5(b), is committed when an individual drives under the influence of alcohol or drugs and, in the course of doing so, commits another act of negligence that results in a death. This statute does not require gross felony charges like ordinary negligence.

The prosecution must prove:

• The driver was intoxicated (BAC = 0.08 or above or drugged);
• The driver was intoxicated and committed a misdemeanor/infraction or engaged in a legal high-risk act;
• Such an action was irresponsible.
• The carelessness resulted in a deadly crash.

Possible Penalties and Sentencing

The crime is a wobbler, which implies that it may be pursued as a misdemeanor or a felony. Being a misdemeanor is punishable by up to one year in county jail and a fine of up to $1,000, and may include summary probation. Being a felony may lead to 16 months, 2 years, or 4 years of state prison; up to $10,000 in fines; and formal felony probation.

Gross Vehicular Manslaughter While Intoxicated, Penal Code 191.5(a)

This is a combination of DUI and gross negligence. It is used when a person, being intoxicated, commits another misdemeanor, infraction, or lawful action grossly negligent of which causes a death directly. Unlike 191.5(b), it entails an extreme departure from reasonable behavior.

Possible Penalties and Sentencing

It is a felony punishable by 4, 6, or 10 years in prison, a fine of not more than $10,000, and a minimum of three years of license revocation. A previous DUI-related homicide conviction enhances the sentence to 15 years to life.

Major Differences Between Manslaughter and Murder

1. Malice Aforethought

The crucial difference between murder and manslaughter is the presence of malice aforethought. This is a state of mind demonstrating an intention to kill or a reckless, abandoned neglect of life. This is an element of murder; it is not an element of manslaughter, which has either a lesser intent or a negligent element.

2. Premeditation/Deliberation

First-degree murder requires premeditation or deliberation; that is, the murder was planned or the act of reflection. Manslaughter, on the contrary, is the action that is not premeditated, usually committed in the heat of passion or under the influence of strong emotional conditions.

3. Intent to Kill

Murder and voluntary manslaughter require an intent to kill. Nevertheless, it is not present in involuntary manslaughter and vehicular forms, which do not focus on intentional actions but on negligent conduct instead.

4. Penalties

Murder has the harshest penalties: 15 years to life in prison in the second degree and 25 years to life in prison in the first degree. Manslaughter carries a lesser sentence, with voluntary manslaughter limited to 11 years and involuntary/specific vehicular usually yielding a six-year term or less.

5. Plea Bargains

It is common in plea negotiations to lessen a charge of murder to manslaughter, especially where intent or malice might be in question. On the other hand, manslaughter is seldom upgraded to murder because the lack of malice usually precludes that possibility.

Legal Defense to Manslaughter Charges

These are split into two categories, namely general and specific defenses.

General Defenses to Manslaughter Charges

• Self-Defense or Defense of Another Person

In California, self-defense is an affirmative defense. The accused acknowledges that he killed the victim but says the law justified it. According to Penal Code 197 and CALCRIM 571, this defense must satisfy the following:

• • You reasonably believed that you or someone was in immediate danger of being killed or suffering significant bodily injury.
  • You applied a reasonable amount of force to prevent the threat.
  • The force you applied was not excessive or unnecessary.

California law does not demand an individual retreat, even within their house, per the Castle Doctrine. In case the fear is determined to be objectively reasonable, the defendant should be acquitted.

• Insanity/M’Naghten Rule

California uses the M’Naghten test of legal insanity. You must demonstrate by a preponderance of the evidence that, as a result of a mental disease or defect at the time of the act, either:

• • You were not aware of the quality or nature of your action.
  • You failed to realize that the act was morally or legally wrong.

When an insanity defense is successful, the defendant is not released but instead committed to a mental institution.

• Accident and Lack of Criminal Negligence

If the killing was unintentional and the behavior of the defendant was not criminal negligence, the action can be excusable. Criminal negligence is a type of conduct that a reasonable person would appreciate as having placed a substantial risk of death or serious bodily injury. The defendant cannot be criminally responsible if the behavior was negligent or a misjudgment and not reckless.

• Lack of Causation

One of the defenses is always to challenge causation, that is, whether the actions of the defendant were the direct cause of the death. The action of the defendant should be a direct, natural, and probable result of the death and a substantial cause of the death under the law of California. If another cause, for example, mechanical failure, third-party intervention, or poor road conditions, was a significant contributor, this may interrupt the causal chain and cause liability loss.

• Sudden Emergency Doctrine

In this doctrine, the defendant is not expected to act any better than a reasonably prudent person in the same emergency, even though they faced an unforeseen danger, for example, a tire blowout, a medical emergency, or an animal crossing. This may exonerate negligence or gross negligence, even though the result was tragic, provided that the reaction was reasonable.

• Mistaken Identity or Wrongful Accusation

In the case of misidentification or false accusation of the defendant, defense lawyers can submit:

• • Alibi evidence
  • Evidence of investigation weaknesses
  • Witness misidentification evidence

This is a tactic to create a reasonable doubt that the defendant participated in the event.

Defenses Specific to Certain Manslaughter Offenses

1. Involuntary Manslaughter, Penal Code 192(b)

• • Absence of Criminal Negligence

Although the belief that there was danger was not reasonable, an individual who killed under that belief can have a murder charge downgraded to voluntary manslaughter. This is referred to as imperfect self-defense and is applicable in the following circumstances:

• • • The conviction of impending danger was absolute but not objectively sensible.
    • The violence employed was the direct consequence of that false notion.
• • Mechanical or Third-Party Interference

When the actions of a third party or a mechanical failure (e.g., brake failure) were significant contributors to the death, this may interrupt the chain of causation, thus precluding liability.

2. Attempted Vehicular Manslaughter

• • No Gross Negligence

Gross negligence should radically depart from what a reasonable driver would have done. If the defendant was inattentive or careless, it is not enough to charge them with a felony. Poor hindsight driving may not be gross negligence under the law.

3. Misdemeanor Vehicular Manslaughter, Penal Code 192(c)(2)

• • No Ordinary Negligence

The prosecutors are required to demonstrate that there was ordinary negligence that led to the death. An expert witness or dashcam video can be utilized to indicate that the driver’s speed, braking, and steering were reasonable, despite an accident.

4. Vehicular Manslaughter for Financial Gain, Penal Code 192(c)(3)

• • No Intent to Defraud

One of the primary defenses is that the defendant did not know about the intention to organize an accident to commit insurance fraud. The mental state is lacking if the crash was not staged or the defendant did not intend to defraud.

• • No Causation

In suspected fraud, the prosecution is required to show that the staged event was the direct cause of the death. Legal causation can be severed by intervening causes (e.g., vehicle malfunction or a third-party driver).

5. Vehicular Manslaughter While Intoxicated, Penal Code 191.5(b)

• • No Intoxication

The defense can challenge the DUI evidence by asking:

• • • The reliability of breath/blood testing,
    • Sample chain of custody,
    • Administration and calibration processes.

The DUI element fails without evidence of intoxication.

• • No Negligence or Causation

Intoxication does not presuppose negligence. The prosecution should demonstrate that the driving was objectively negligent and resulted in the death. Driving reasonably, even under the influence, does not necessarily imply guilt.

• • Challenging DUI Evidence

For charges of vehicular manslaughter while intoxicated, a key strategy is to attack the DUI evidence itself. This can involve challenging the accuracy of breath or blood tests, the procedures used by police, or the chain of custody of samples.

6. Gross Vehicular Manslaughter While Intoxicated, Penal Code 191.5(a)

• • No Gross Negligence, No Intoxication, or No Causation

This more serious offense must be proved by the following:

• • • The accused was drunk
    • They had been driving in gross negligence.
    • That gross negligence materially caused the death.

Each of the elements is independently contestable. Gross negligence is not just poor driving, but it must involve a disregard for human life. If intoxication or causation cannot be established, or the act was merely negligent, the defendant can escape a felony conviction.

Find a Los Angeles Criminal Attorney Near Me

In California, manslaughter crimes include voluntary, involuntary, vehicular, and DUI-related varieties. All these are characterized by the presence or absence of intent and negligence instead of malice aforethought. Sentences vary from short local custody to more than ten years in prison, based on a case’s level of culpability and facts.

An effective defense depends on analyzing the prosecution’s evidence and its significant flaws. Typical defenses claim a lack of intent or gross negligence and offer imperfect or perfect self-defense under CALCRIM No. 571. Los Angeles prosecutors prosecute these crimes harshly, so you are advised to find experienced representation. At CCLG: Los Angeles Criminal Attorney, we provide customized criminal defense to anyone facing indictment. Protect your future by calling us at 323-922-3418 today and scheduling your consultation.