Manslaughter is among the most misinterpreted crimes in California. Once a person is killed, most people term it murder, but that is not always the case. California law defines manslaughter as the unlawful killing of another person without malice. The main difference between murder and manslaughter is that for murder, the defendant must have malicious intent to cause the death of someone else, while in manslaughter, killing happens without malice.

Manslaughter is a severe offense that carries severe penalties, including prolonged prison detainment and substantial fines. A manslaughter conviction is likely to affect you and your loved ones for the rest of your lives. However, with the help of a skilled criminal defense attorney, you may be able to fight your charges and receive a lesser charge or have your case dismissed. Our experienced and dedicated lawyers at  California Criminal Lawyer Group have deep expertise in handling violent crimes. They have successfully helped numerous clients in Santa Ana with cases similar to yours.

What Is Manslaughter?

California Penal code 192 defines manslaughter as causing the death of another person unlawfully without malice. In other words, manslaughter is an unlawful killing that happens without either of the following:

  • Predetermined intent
  • Planning
  • Premeditation

However, manslaughter is less severe than murder, and at times, those convicted of murder can have their charges reduced o manslaughter if certain factors are available. This does not mean that manslaughter is not a serious offense. It is a severe crime, but it carries fewer penalties than murder.

There are three types of manslaughter under California law which include:

  • Vehicular manslaughter
  • Involuntary manslaughter, and
  • Voluntary manslaughter

Vehicular Manslaughter

According to CA Penal code 192 (c), vehicular manslaughter occurs when a person drives negligently and causes someone else’s death. This crime is often termed a negligent homicide.

Ca Pc 192 (c) (1), Gross negligence vehicular manslaughter

There are several elements that must be proven by the prosecutor for you to be charged with gross negligence manslaughter. These elements include:

  • You committed an infraction or a misdemeanor while driving or engaged in a lawful act in a way7 that is likely to result in death
  • The act you engaged in posed a risk to human life under the conditions that;
  • You committed the cat in gross negligence
  • And that resulted in the demise of another party

Here is an explanation of each of the above elements.

Commit an infraction or misdemeanor, or engage in a lawful act likely to cause death

You are likely to be convicted of vehicular manslaughter if you:

  • Commit a felony crime, or
  • Engage in a legal act likely to result in death

For instance, Peter is driving on the busy streets of Santa Ana when his girlfriend calls him. He chooses to answer the call while still driving (which is an infraction offense under California law). Peter loses control of the vehicle and hits a motorist who dies on the spot. Peter will likely be charged with vehicular manslaughter because he Caused the death of another person while driving and committing an infraction.

However, if you were committing a felony and caused someone else’s death using a car, you will likely be convicted of murder.

Gross negligence

This is one of the major elements in vehicular manslaughter cases. This is more than just an error in judgment or a common carelessness act. The prosecutor needs to show that:

  • You acted in a reckless way that was likely to cause great bodily injury or death,
  • And a normal person would have known that such acts would have put human life at risk

Gross negligence is evident if someone acts differently from how a normal or rather careful person would have acted or responded to a similar situation. The person’s act shows a disregard for human life.

Resulting in the demise of another party

For you to be convicted of gross negligence manslaughter, your gross negligent acts must have resulted in the death of another party. Note that the death must have been a probable, natural, or direct result of your acts. You can still be convicted of the same crime even if the other person did not die from the gross acts, but there was a substantial factor in the situation that was likely to cause death.

Penalties for Gross Negligence Vehicular Manslaughter

This offense is considered a wobbler under California law, meaning it can be charged as a misdemeanor or a felony depending on your criminal history and the offense’s factors. If you are convicted of a misdemeanor under penal code 192 (c) (1), you will likely face the following penalties:

  • Detainment in county jail for one year
  • Maximum fines of $1,000
  • A summary probation

If charged with a felony under Penal code 192 (c) (1), you are likely to face the following penalties:

  • Detainment in state prison for six years
  • Maximum fines of $10,000
  • A formal probation

California PC 192 (c) (2) Ordinary Vehicular Manslaughter

This is also referred to as misdemeanor manslaughter, and for you to be convicted for it, the prosecutor must prove the following element:

  • You committed an infraction or a misdemeanor while driving a vehicle or committed a legal act in an illegal way
  • The act you engaged in posed a high risk to human life under the condition you:
  • Engaged in the act with ordinary negligence
  • Caused the demise of another party through your act

The major difference between gross negligence vehicular manslaughter and ordinary vehicular manslaughter is that ordinary negligence requires you to act negligently or fail to use reasonable care to prevent another person from harm.

Penalties for Misdemeanor Vehicular Manslaughter

If convicted for ordinary vehicular manslaughter under California law, you are likely to face the following penalties:

  • Detainment in county jail for one year
  • Maximum fines of $1,000
  • A summary probation

California PC 192 (c) (3) Vehicular Manslaughter for Financial Gain

For you to be convicted under PC 192 (c) (3), the prosecutor must beyond reasonable doubt prove that:

  • You willingly caused or participated in a collision while driving a vehicle
  • You did so with the intent of making a false insurance claim for financial gain
  • You intended to defraud the insurance company or another party
  • The collision led to the demise of another person

In simpler terms, when a person deliberately drives carelessly to commit insurance fraud and kills a person, they will be charged with vehicular manslaughter for financial gain.

Penalties for Vehicular Manslaughter for Financial Gain

If convicted under PC 192 (c) (3), you will automatically face felony charges. The penalties may include:

  • Detainment in state prison for a maximum of ten years
  • Maximum fines of $10,000

Suspension of Your Driving License

You risk facing a driver’s license revocation if you are charged with gross negligence vehicular manslaughter or vehicular manslaughter for financial gain. If the California DMV revokes your license, you will not be able to reinstate it for three years.

Note that driving with a revoked license can lead to additional charges.

Defenses for Vehicular Manslaughter

You can use the help of your skilled criminal defense attorney to develop strong defenses to fight your charges. Below are examples of vehicular manslaughter defenses:

  • Your acts were not negligent — Although this defense can be complex to prove, your attorney can help you prove that you did not act carelessly. For instance, you can argue that you were driving on the busy streets of Santa Ana when a passenger suddenly crossed the road, and you accidentally hit them.
  • The victim died from a different condition and not from your negligent act — Some of these defenses can be challenging to prove, but you can use witnesses and your attorney. For instance, Mike and his friend were fighting by the roadside, Mike threw his friend on the road, and you accidentally hit him. You cannot be convicted for vehicular manslaughter because their negligence and not yours caused his death.

Involuntary Manslaughter

Involuntary manslaughter is defined under Ca PC 192 (b) as the unlawful killing of a person through criminal negligence. Unlike murder, involuntary manslaughter does not require you to have the intent to kill.

Definition of Involuntary Manslaughter

For you to be convicted of involuntary manslaughter under California law, there are elements that the prosecutor needs to prove beyond a reasonable doubt. These elements include:

  • You engaged in a legal act illegally, or committed a misdemeanor, an infraction, or a crime that is not as serious as a felony, or felony that is not dangerous;
  • You acted in criminal negligence
  • Your acts lead to the demise of another person

Below is an explanation of each of the above elements.

You committed a misdemeanor, an infraction, or a legal act was done illegally

You can only be charged with involuntary manslaughter if you do something wrong. Freak accidents do not count as involuntary manslaughter. Some of the wrongful acts could be:

  • A felony crime that is not inherently dangerous
  • A misdemeanor
  • An infraction
  • A lawful act is done in an illegal way

If you kill someone when committing an inherently dangerous felony crime, you will be charged with murder and not involuntary manslaughter.

Criminal Negligence

This is one of the most crucial elements of an involuntary manslaughter charge. Whether an underlying lawful act or underlying crime led to your conviction, the prosecutor must prove that you acted with criminal negligence. Mistakes in judgment, inattentiveness, and carelessness do not count as criminal negligence.

Criminal negligence occurs when:

  • You act recklessly in a way that is likely to result in great bodily injury or death
  • A careful person would have known that the acts would put human life at risk

Caused the demise of another person

If your acts had a probable, natural, or direct impact on the person’s death, and the person could not have died were it not for your acts, you are said to have caused another person’s death. The prosecutor also needs to prove that a reasonable person would have known that death was likely to occur from their acts. You can also be convicted under California law for concealing an accidental death.

Involuntary Manslaughter Caused by Failure to Execute a Legal Duty

This form of involuntary manslaughter has a different definition and elements under California law. For you to be convicted for involuntary manslaughter based on a legal duty, the prosecutor must prove the following beyond a reasonable doubt:

  • You owed the victim a legal duty
  • You did not execute the legal duty
  • You failed to execute the duty due to criminal negligence
  • Your failure led to the death of another person

Note that in an involuntary manslaughter case, the judge is the only person who has the right to determine if the defendant owed the victim a right of duty. Below are some of the relationships that include a legal obligation:

  • A relationship between people for whom one of them has assumed responsibility for the other
  • A paid caretaker with the person she is paid to look after
  • A parent and child

Involuntary Manslaughter Penalties

Involuntary manslaughter is convicted as a felony under California law. Its punishment includes:

  • Maximum fine of $10,000
  • Detainment in state prison for four years
  • Formal probation

The victim’s family may often file a civil lawsuit against the defendant. If the case is successful, the defendant may face harsh and severe civil penalties. Additionally, if you use a firearm or any lethal weapon to kill another person and are convicted of involuntary manslaughter, the charge will be a strike offense.

How to Fight an Involuntary Murder Charge

With the help of a criminal defense attorney, you may be able to use various defenses to yelp reduce your charges. Some of the most common defenses for involuntary manslaughter include:

  • The killing was accidental — Mainly, all involuntary cases are accidental since the defendant usually has no intent to kill when the killing occurs; hence using this defense can be challenging. You must therefore prove that:
  • You had to intention to be involved in a criminal activity
  • You did not act with criminal negligence
  • You were careful and engaged in legal action at the time the accident occurred
  • Self-defense — You may argue that you were acting in self-defense or trying to defend other people when the killing happened. Note that this defense is only applicable if :
  • You used a reasonable amount of force and did not use excessive force when defending yourself or others
  • You believed that you had to use some kind of force to protect yourself and others from harm
  • You thought that you were in danger of being killed or sexually harassed

Your charges may be reduced or dismissed if you can prove these facts beyond a reasonable doubt.

Lack of enough evidence

For you to be convicted of involuntary manslaughter, the prosecutor must be able to prove the elements stated previously. When a killing takes place, law enforcement officers make a judgment hurriedly and hand over the case to the prosecutor without sufficient evidence. An experienced criminal defense attorney can help you develop evidence to show that you are not guilty of the crime you are accused of. 

Voluntary Manslaughter

Voluntary manslaughter is defined under penal code 192(a) as the unlawful killing of another person during a heat of passion or a quarrel. Note you must have had a malicious intent to kill for you to be convicted under this statute.

In most cases, voluntary manslaughter is not charred by a prosecutor; they instead arise through

  • Plea bargain in a murder case
  • As a less included murder case in lieu of murder

Definition of Voluntary Manslaughter

The law defines voluntary manslaughter as killing another person during a quarrel due to imperfect defense, or in the heat of passion. However, for you to be convicted for voluntary manslaughter under California law, the prosecutor must beyond reasonable doubt prove that:

  • Another person provoked you
  • Being provoked made you act out of emotions and without reasonable judgment
  • A sensible person would have acted in a rash way if put in a similar position
  • You had enough time to calm down between the provocation and when the killing occurred.

Gestures and provoking words do not count as enough provocations to have your murder charge reduced to manslaughter.

Voluntary Manslaughter Charges

Penalties for voluntary manslaughter vary based on factors surrounding the case, your criminal history, and jurisdiction. Below are some of the pilates you are likely to face if you have been convicted for voluntary manslaughter:

  • Detainment in state prison for a maximum of eleven years
  • Maximum fines of $10,000
  • Mandatory counseling
  • Community service
  • Strike on the three-strikes law
  • Loss of gun rights

Aggravating Factors

Before the judge concludes your sentencing, they look at some of the aggravating factors in your case. Most of the aggravating factors may lead to an increase in your penalties. The most common aggravating factors include:

  • The brutality involved in the crime
  • Your past criminal history
  • The victim’s vulnerability

Mitigating Factors

Unlike aggravating factors, mitigating factors may help reduce your penalties. This mainly happens if the judge determines that you pose no risk to society. Mitigating factors may include:

  • Your past criminal history
  • Whether you took responsibility for the crime
  • Your mental capability
  • Your age

Any crime that involves a minor as the victim is an aggravated crime in California.

How to Fight Your Charges

There are various defense strategies that you can use to fight your voluntary manslaughter charges to have your charges reduced or fully dismissed. However, since manslaughter is a serious offense, it is important to seek help from an experienced criminal defense attorney to help you develop the most suitable defense for your case.

  • Provocation Defense — If you can prove to the judge that you were provoked, you may be able to reduce your murder charge to voluntary manslaughter. However, there are factors that the judge will put into consideration like:
  • Whether a reasonable person would have acted the same or differently if placed in a similar situation
  • The time frame between when you were provoked, and the time the killing occurred
  • Whether the above period was enough for a reasonable person to cool down

If, for instance, the judge rules that the time frame was not enough for a reasonable person to cool down, the judge may rule in favor of the defendant. There isn’t a set time frame that a person should take to cool down. The courts rule every case differently based on the events that took place during the time frame and the evidence issued.

  • Accident defense — According to California law, you cannot be convicted of manslaughter if you killed another person by accident. You can prove you killed someone else by accident if:
  • Your intent was not to kill
  • You did not engage in any illegal act that could have resulted in the death of another person
  • You did not act negligently or in a manner that posed a risk to human life
  • Insanity Defense — In California, if a defendant has any mental illness or disability that hinders them from distinguishing a right or wrong deed or hinders themes from knowing the severity of their actions, their charges will automatically be reduced. However, to prove this, a defendant must have medical reports and records from a licensed medical facility showing that they have a mental disability affecting their thinking capability.
  • Self-defense — If you can prove to the court that the alleged victim was the initial aggressor, you may have your charges reduced. California law allows people to take reasonable care and defense to protect themselves from harm. However, the acts must be reasonable, and the court has to examine your evidence and the occasions that took place before and after the killing.

Find a Criminal Defense Attorney Near Me

If you are facing manslaughter charges in Santa Ana, you can contact our knowledgeable and experienced lawyers at the California Criminal Lawyer Group. We are standing by, ready to help you fight for your rights and freedom. Call us today at 714-844-4151 for a confidential consultation.