The Difference Between Voluntary and Involuntary Manslaughter under California Law

Involuntary manslaughter involves unintentional killings.

The Difference Between Voluntary and Involuntary Manslaughter under California Law

If you are involved in a situation in California that leads to the death of another person, you will understandably feel a mix of emotions — sadness, stress, and anxiety. One of the primary causes of stress for many people is not knowing exactly how a prosecutor will treat such a crime. The law regarding killings can be confusing, with different terms applied to various types of crimes.

Under California law, murder is the unlawful killing of a human or fetus with malice aforethought. Manslaughter is the legal term for killings other than murder. There are two types of manslaughter: voluntary and involuntary. While the names are descriptive, they do not necessarily explain what a prosecutor must prove to convict a person of each charge. An experienced murder defense lawyer Rancho Cucamonga, CA can help break down the difference between voluntary and involuntary manslaughter under California law.

Voluntary manslaughter is typically not charged as a crime in California. Instead, it is offered as a reduction from a murder charge, or a jury may find a person guilty of voluntary manslaughter as a lesser offense than murder. In essence, voluntary manslaughter involves killing a person in the heat of passion or after a sudden quarrel. It may also occur when someone has a reasonable but mistaken belief that they are acting in self defense.

In contrast, involuntary manslaughter is charged when one person kills another person unintentionally. This may occur when a person commits a crime that is not an inherently dangerous California felony (and so it is not subject to the felony murder rule), or commits a lawful act that might lead to death, without due caution. Involuntary manslaughter does not require a prosecutor to prove that a person intended to kill the victim.

There are many possible examples of involuntary manslaughter under California law. For example, consider two roommates who are fighting. If one grabs his gun and waves it at the other to make a point, and the gun fires, killing the other roommate, that would be involuntary manslaughter. While the first roommate did not have an intent to kill the second, he was committing a crime (brandishing a weapon) that led to the death of the other roommate. Alternatively, if a football coach refuses to let his players take breaks or drink water during practice in a heat wave, and one of the players dies of a heat and dehydration-related illness, the coach could be guilty of involuntary manslaughter. He was doing something lawful — running a practice — but in a way that might lead to death because he was acting without due caution in not letting the players take breaks or get water.

Involuntary manslaughter is a felony, and is punishable by between 2 and 4 years in jail, and a fine of up to $10,000. There are potential defenses to involuntary manslaughter. As a murder defense lawyer Rancho Cucamonga, CA can explain, if the death was an accident, that could serve as a defense to the charge of involuntary accident. Similarly, if the prosecution does not have enough evidence to support the charge, it could be a defense to the crime. Depending on the specific facts of the case, there may be other factual and legal defenses to the charge of involuntary manslaughter. An experienced murder defense lawyer Rancho Cucamonga, CA can work with you to develop these defenses and put together a strategy for defeating the charges.

At the Chambers Law Firm, we are committing to standing by our clients through each step of the process. We represent clients charged with involuntary manslaughter and related charges in Rancho Cucamonga and the surrounding areas. We will aggressively defend you against all criminal charges, and work towards securing the best possible outcome for you. Contact our firm today at 714-760-4088 or dchambers@clfca.com to schedule a free initial consultation with a murder defense lawyer Rancho Cucamonga, CA.

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