The charge of manslaughter is a lesser charge than homicide but it is still a serious charge. It is defined as the unintentional killing of a person. There are three specific types of manslaughter a person may be convicted of: Voluntary, involuntary, and vehicular. At Chambers Law Firm we can help with any charges related to manslaughter and are ready to do so now. Keep reading to learn more about the three types of manslaughter and then contact us at 714-760-4088 for your free legal consultation.
Voluntary Manslaughter
Voluntary manslaughter involves an intentional killing but without malice aforethought. This means that a person who kills another person in the middle of a fight, or in the heat of the moment, may be charged with voluntary manslaughter and not homicide because they did not plan to commit the crime and did not have prior intent.
One common example used for voluntary manslaughter is a person finding their spouse cheating on them. If said person killed their spouse or the other party immediately upon finding out then the charge may be voluntary manslaughter. If they think about killing the other party and plot to do so, then act on those plans weeks later, it is likely to be charged as murder.
In California, the sentence for a voluntary manslaughter conviction is 3, 6, or 11 years in prison. It can also trigger a strike under California’s Three Strikes Rule.
Involuntary Manslaughter
If a person acts recklessly or negligently and a person dies as a result, then they could be charged with involuntary manslaughter. For example, if a person discharged a firearm but did not aim it anyone or intend to hurt someone, yet the bullet ricocheted and killed someone, this could be considered involuntary manslaughter. A conviction for this charge is 2, 3, or 4 years in prison as well as any sentencing enhancements.
Vehicular Manslaughter
In California, the definition of vehicular manslaughter is committing a non-felony crime that leads to a fatal car accident or a lawful act that caused said death. For example, excessive speeding, texting while driving, or racing could all lead to a charge of vehicular manslaughter in California. As is true of the other types of manslaughter, there is a range of sentences a judge may impose. However, vehicular manslaughter is a little different.
While the other examples are always charged as felonies, vehicular manslaughter is a wobbler offense, which means it can be charged as a misdemeanor or a felony. It all depends on whether the accused is considered guilty of gross negligence or simple negligence. If accused of simple negligence the maximum penalty is one year in county jail, while a conviction involving gross negligence can result in as much as six years in state prison if charged as a felony and a year in county jail if charged as a misdemeanor.
