Voluntary Manslaughter

Voluntary manslaughter, as defined by California PC 192, occurs when you kill someone else during a sudden quarrel, often in the heat of passion. Penal Code 192 violations involve honest yet unreasonable beliefs in self-defense. However, in murder cases, involuntary manslaughter is often considered a lesser charge.

Directly facing a voluntary manslaughter charge is rare, as it usually arises as a plea bargain in murder cases. You could acknowledge your role in the killing but seek to reduce the charge to voluntary manslaughter. Penal Code 192 violations are grave offenses with severe consequences under California law. If you face voluntary manslaughter charges in Santa Ana, rely on the expertise of a seasoned criminal lawyer to build a strong legal defense.

At California Criminal Lawyer Group, we have a team of skilled and dedicated attorneys who have handled many homicide cases in California. We know how to investigate the facts of voluntary manslaughter cases, negotiate with the prosecutors, and present strong defenses at trial. Work with us to protect your freedom and reputation.

The Definition Of Voluntary Manslaughter Under California Law

 Voluntary manslaughter is a type of homicide where you intentionally cause someone else’s death without malice aforethought or planning it in advance. For PC 192, malice aforethought is the deliberate and premeditated intent to kill or cause serious harm to another person.

According to California homicide laws, voluntary manslaughter is considered a lesser crime than murder, which requires malice aforethought. Voluntary manslaughter can occur in particular situations, including the following:

• During a sudden quarrel or in the heat of passion.
• Upon unreasonable self-defense or imperfect self-defense.
• Based on an honest but unreasonable belief in the need to defend oneself.

Before the judge can convict you of voluntary manslaughter, the prosecution must prove certain elements of the crime beyond a reasonable doubt. These elements are:

• You killed someone else.
• You intended to kill or cause serious bodily injury to the deceased.
• You acted upon:
  • A sudden quarrel or in the heat of passion.
  • Unreasonable self-defense or imperfect self-defense.
  • Based on an honest but unreasonable belief in the need to defend oneself.

The heat of passion, as an element, means that you were provoked by something that would cause a reasonable person to act rashly and emotionally without thinking about the consequences. The provocation must be sufficient to overcome your judgment and self-control.

Examples of provocation include:

• Finding a spouse in bed with another person.
• Witnessing a violent attack on a loved one.
• Being insulted or threatened by someone.

However, not every provocation can justify voluntary manslaughter. You must act immediately after being provoked without having time to cool off or calm down. If you had time to reflect on your actions and still decided to kill, you may be charged with murder instead of manslaughter. The prosecution may also argue that you acted with malice aforethought if you used excessive force, planned the killing, or showed no remorse.

The Difference Between Murder And Manslaughter

 The legal term “homicide” means killing a human being. However, not all homicides are considered crimes. For example, killing someone in self-defense or by accident may not be punishable by law. On the contrary, intentionally and unlawfully taking someone's life is a severe crime that can lead to lifelong imprisonment or capital punishment.

In California, unlawful homicides are categorized as either murder or manslaughter. The main difference between these two homicide types is the element of malice. Malice is the deliberate intent to cause death or great bodily harm to another person before committing the crime. Malice can be expressed or implied.

 Defendant's Intent - Malice Aforethought

 In California, murder is an unlawful killing that is premeditated. Malice aforethought suggests that you planned to kill or harm the deceased or acted with a reckless disregard for human life. Murder is split into two categories, including:

     1. First-Degree Murder

The most serious form of murder involves premeditation, deliberation, and willfulness. First-degree murder also includes certain types of killing considered heinous or cruel. For example, killing by torture, lying in wait, poison, explosives, or a weapon of mass destruction. According to Penal Code 189, first-degree murder attracts a prison term of 25 years to life, life imprisonment without parole, or even the death penalty.

     2. Second-Degree Murder

The law considered second-degree murder a lesser form of murder that involved intentional killing. The killing is not premeditated or deliberate but still shows malice aforethought. It also includes killings that result from an inherently dangerous felony, for example, robbery, rape, arson, or kidnapping. Penal Code 189 considers this the felony-murder rule. Second-degree murder can result in a prison sentence ranging from 15 years to life.

Homicide Without Express or Implied Malice

Manslaughter refers to an unlawful killing without malice aforethought. You face manslaughter charges if you did not intend to kill or harm the victim but acted negligently, recklessly, or emotionally. The three manslaughter categories in California are:

• Voluntary manslaughter - The intentional killing you commit during a sudden quarrel or in the heat of passion. You must have been provoked by something that would make a reasonable person act rashly and emotionally without thinking about the consequences. The provocation must be sufficient to overcome the defendant’s judgment and self-control. Voluntary manslaughter is punishable by 3, 6, or 11 years in prison.
• Involuntary manslaughter. This unintentional killing during a lawful or unlawful act involves a high risk of death or bodily injury. You must have acted with criminal negligence, failing to use reasonable care and caution. The act must not be a felony; otherwise, it would fall under the felony-murder rule.
• Vehicular manslaughter happens when you cause someone else’s death by driving with gross negligence or violating a traffic law. For example, excessive speeding, running a red light, or driving under the influence. Vehicular manslaughter can be charged as a misdemeanor or a felony, depending on your case's circumstances and prior criminal record.

As expounded above, the difference between murder and manslaughter is based on your intent and state of mind at the time of the killing.

Examples of Voluntary Manslaughter Cases

 Example 1:

In the People v. Brooks case, the defendant was convicted of voluntary manslaughter for shooting and killing a man he believed had murdered his brother. The defendant had learned from his sister that the victim was the prime suspect in his brother’s homicide, and he went to confront him at his apartment. Despite the defendant's claim of acting in self-defense when the victim tried to access a gun, the jury dismissed this argument and found the defendant guilty of voluntary manslaughter.

The Court of Appeal affirmed the conviction, holding that there was sufficient evidence to support the jury’s verdict. The court also rejected the defendant’s argument that he was entitled to an instruction on imperfect self-defense, which could have reduced his charge to involuntary manslaughter. The court explained that imperfect self-defense requires an honest but unreasonable belief in the need to defend oneself, and that the defendant’s belief was not honest because he went to the victim’s apartment intending to kill him.

Example 2:

In the People v. Borchers case, the defendant was convicted of voluntary manslaughter for stabbing and killing his lover after she taunted him about her affairs with other men. The defendant and the victim had a tumultuous relationship marked by frequent arguments and physical violence. The defendant went to the victim’s apartment on the night of the killing and found her with another man. He left and returned later, hoping to reconcile with her.

However, she refused, and the defendant decided to stab her. The defendant claimed he was mentally ill, acted in the heat of passion, and requested instruction on voluntary manslaughter, but the trial court denied it.

The Supreme Court reversed the conviction, finding evidence of diminished capacity and sufficient provocation to warrant an instruction on manslaughter.

Sentencing for Voluntary Manslaughter in California

 Possible punishments for voluntary manslaughter in California include:

• A prison sentence of 3, 6, or 11 years.
• A strike on your record. This means it is a serious crime and can affect future sentencing if you commit another felony.
• A fine of up to $10,000.
• Loss of the right to own or possess a firearm.
• Possible restitution to the victim’s family.
• Possible probation instead of prison, but not guaranteed.

Defenses to Voluntary Manslaughter Crime

If you are charged with voluntary manslaughter, you may have some legal defenses to help you avoid conviction or reduce your punishment. Common defenses are:

Self-Defense/ the Defense Of Others

Self-defense or defense of others means that you acted reasonably and lawfully to protect yourself or someone else from imminent harm or death by using force against the attacker. Under California law, it is permissible to use deadly force if you reasonably believe that you or someone else is in immediate danger of being killed or seriously injured.

However, there are some limitations to this defense, including the following:

• You were the initial aggressor or provoked the fight.
• You used more force than was necessary to stop the threat.
• You had a reasonable opportunity to retreat or avoid the confrontation.
• You acted out of revenge or anger rather than fear.

For example, Chris and Ellah are married and have a history of domestic violence. One night, Chris comes home drunk and starts beating his wife. Ellah grabs a kitchen knife and stabs Chris, killing him.

Upon facing charges, Ellah claimed self-defense, but the prosecution argues that she used excessive force and could have escaped or called for help instead. The jury must decide whether Ellah’s actions were reasonable and justified.

Imperfect Self-Defense

Imperfect self-defense is when you kill another person based on an honest but unreasonable belief in the need to use deadly force in self-defense or the defense of others. Unlike perfect self-defense, which requires a reasonable belief in the threat and the response, imperfect self-defense involves a subjective mistake or error in judgment. However, it still shows that you did not act with malice or intent to kill, which can reduce a murder charge to voluntary manslaughter.

For example, Lisa and Bob are neighbors who have a long-standing feud over their property line. One day, Lisa sees Bob walking towards her house carrying a shovel. She thinks he will attack her, so she grabs a shotgun and shoots him dead. However, Bob was going to dig a hole for a new fence and had no intention of harming Lisa. Lisa claims imperfect self-defense, but the prosecution argues that her belief was unreasonable and that she overreacted.

The Insanity Defense

The insanity defense applies if you were legally insane at the time of the killing and did not understand the nature or quality of your act or that it was wrong. California follows the “McNaghten rule” for determining insanity, which requires proof of a mental disease or defect that impaired your cognitive or moral capacity. If you successfully plead insanity, you will not be convicted of voluntary manslaughter or any other crime. Still, you will be committed to a mental hospital until you are deemed sane.

For example, Mark has schizophrenia and hears voices that tell him to do violent things. One day, he hears a voice that tells him to kill his roommate because he is an alien spy. Mark grabs a knife and stabs his roommate to death. Mark claims insanity, and his lawyer presents evidence of his diagnosis and treatment history.

 Accidental Killing

An accidental killing could happen when you kill somebody without criminal intent or negligence, and your conduct is lawful and reasonable. Unlike self-defense, which requires a belief in the need to use force against a threat, accidental killing involves a lack of awareness or foresight of the consequences of your actions. However, it still shows that you did not act with malice or intent to kill, which can avoid a murder charge or reduce it to involuntary manslaughter.

For example, Sam and Joe are friends who like hunting together. One day, they are in the woods, and Sam sees a deer moving behind some bushes. He fires his rifle without checking his target, but instead of hitting the deer, he hits Joe, hiding behind the bushes. Sam claims accidental killing, but the prosecution could argue that he was criminally negligent and violated the hunting safety rules.

Mistaken Identity

Sometimes you are not the perpetrator who killed the victim. The judge could drop your case if you have an alibi or other evidence to prove your innocence. Mistaken identity can occur when there are multiple suspects, unreliable witnesses, faulty forensic tests, or false confessions.

For example, Kim and Lee are twins who look very similar. One night, Kim fights with a rival gang member and stabs him to death. The police arrested Lee based on a witness description and a bloody knife found in his car. Lee claims mistaken identity, and his lawyer presents evidence of Kim’s involvement and Lee’s whereabouts at the time of the killing.

Related Crimes to Voluntary Manslaughter

 Some crimes related to voluntary manslaughter have different elements and penalties. These are:

Murder, PC 187

 Murder is the unlawful killing of a human being or a fetus with malice aforethought. This means that you intended to kill the deceased or acted with a conscious disregard for human life. As previously mentioned, murder can be categorized as either first-degree or second-degree. The category hangs on the specific circumstances surrounding the killing.

Attempted Murder, PC 664/187a

Attempted murder is taking a direct but ineffective step toward killing someone else with the specific intent to kill that person. A direct step is more than just planning or preparing to kill; it is an immediate movement that puts the plan into action. The specific intent to kill means that you did not act out of recklessness, negligence, or heat of passion.

Attempted murder can also be classified as first-degree or second-degree murder, depending on whether you acted with premeditation and deliberation. Attempted first-degree murder carries a penalty of life imprisonment with the chance of parole, while attempted second-degree murder carries a penalty of five, seven, or nine years.

If you are charged with voluntary manslaughter under PC 192, you may raise attempted murder as a defense if you can show that you did not kill the victim but only tried to kill them with specific intent. This may reduce your sentence from 11 years in prison for voluntary manslaughter to nine years in prison for attempted second-degree murder.

Involuntary Manslaughter, PC 192b

As explained above, involuntary manslaughter is the unlawful killing of another person by acting with criminal negligence. Criminal negligence refers to behaving recklessly in a way that puts others at a high risk of death or severe bodily harm, which a reasonable person would have known.

Vehicular Manslaughter, PC 192c

Vehicular manslaughter is the unlawful killing of another person by driving a vehicle negligently or unlawfully. Negligence means you failed to use reasonable care to prevent harm to yourself or others. An unlawful manner means violating a traffic law or committing a misdemeanor while driving.

Vehicular manslaughter is a “wobbler” under California law. If you are convicted of a misdemeanor, you can be sentenced to a maximum of one year in county jail, fined up to $1,000, or both. Committing a felony can lead to a sentence of up to six years in state prison, a fine of up to $10,000, or both.

You may also face additional penalties if you caused the death of more than one person, fled the accident scene, or were driving under the influence of alcohol or drugs.

Justifiable homicide, PCs 196 and 197

 Justifiable homicide is the lawful killing of another person in certain situations where deadly force is authorized. Justifiable homicide is not a crime and does not lead to criminal charges. California Penal Code sections 196 and 197 PC define the circumstances under which homicide is justifiable by peace officers and private citizens, respectively.

Watson Murder, PC 187

Watson murder is a second-degree murder that occurs when you kill another person by driving under the influence of alcohol or drugs (DUI) and acting with implied malice. Implied malice means you consciously disregard human life, knowing your conduct is dangerous. For example, if you drive drunk at a high speed and run over a pedestrian, you may be charged with Watson murder.

The Watson murder rule allows the prosecution to charge this offense as murder instead of vehicular manslaughter while intoxicated, which is a less serious crime. One of the ways that prosecutors try to prove implied malice in Watson murder cases is by showing that the defendant had a prior DUI conviction that included a “Watson admonition.”

A Watson admonition is a warning given by a judge or prosecutor to a DUI offender informing them of the consequences of driving under the influence again, including the possibility of being charged with murder if someone dies. A Watson warning is intended to show that the defendant was aware of the risk of their conduct and chose to ignore it.

Watson murder is punishable by 15 years to life in state prison and a maximum fine of $10,000 under California Penal Code Section 190 PC. You may also face additional penalties if:

• Any of the surviving victims have sustained great bodily injury.
• If there are multiple victims.
• If the defendant has prior DUI convictions.

Find a Reputable Criminal Defense Near Me

If you face voluntary manslaughter charges in Santa Ana, you need a reputable criminal defense lawyer to protect your rights and fight for your best interests. A voluntary manslaughter conviction can have serious consequences for your future, such as jail time, fines, probation, loss of rights, and a permanent criminal record. You need a lawyer to challenge the prosecution’s evidence, negotiate a favorable plea deal, or represent you at trial if necessary.

At California Criminal Lawyer Group, our experienced and skilled lawyers can handle homicide offenses. We have a proven track record of successfully defending our clients and achieving positive outcomes. We are committed to providing personalized, aggressive representation that meets your needs and goals. If you are looking for a reputable defense lawyer near you, contact us at 714-844-4151 for a free consultation. We will review your case and explain your legal options.