If you are engaged in a circumstance in California that results in another person’s death, you will undoubtedly experience a range of feelings, including grief, tension, and anxiety. Uncertainty about how a prosecutor would handle such a crime is a major source of worry for many people. The legislation on homicides may be perplexing, with different names used to different sorts of crimes.
The unlawful killing of a person or fetus with malice aforethought is defined as murder under California law. Manslaughter is the legal word for non-murderous killings. Voluntary and involuntary manslaughter are the two forms of manslaughter. While the names are descriptive, they do not always indicate what a prosecution needs establish in order to convict someone of each charge.
Voluntary manslaughter
In California, voluntary manslaughter is seldom prosecuted as a felony. Instead, it is given as a reduction from a murder charge, or a jury may convict someone of voluntary manslaughter, which is a lower criminal than murder. Voluntary manslaughter is defined as the killing of a person in the heat of anger or during a violent disagreement. It can also happen when someone believes they are acting in self-defense, but they aren’t.
Involuntary manslaughter
Involuntary manslaughter, on the other hand, is accused when someone kills another person without intending to. This can happen when someone conducts a lawful act that might lead to death but isn’t an intrinsically hazardous California felony (and so isn’t subject to the felony murder rule), or when someone commits a lawful act that could lead to death without exercising appropriate caution.
A prosecution does not have to establish that a defendant meant to murder the victim in order to charge them with involuntary manslaughter.
Examples of involuntary manslaughter
Consider the case of two housemates who are feuding. Involuntary manslaughter occurs when one pulls his pistol and waves it at the other to make a point, and the gun discharges, killing the other roommate. While the first roommate had no intention of killing the other, he was performing a felony (brandishing a weapon) that resulted in the other roommate’s death.
Involuntary manslaughter might be charged if a football coach refuses to allow his players to take breaks or drink water during practice during a heat wave, and one of the players dies from a heat and dehydration-related sickness. He was doing something legal — holding a practice — but he was doing it in a way that may lead to death because he was not allowing the players to take breaks or obtain water.
Potential consequences
Involuntary manslaughter is a crime that carries a sentence of two to four years in prison and a fine of up to $10,000. Involuntary manslaughter may be defended in certain circumstances. If the death was caused by an accident, that might be used to defend the charge of involuntary accident. Similarly, if the prosecution lacks sufficient evidence to sustain the accusation, it may be used as a defense.
Other factual and legal defenses to the allegation of involuntary manslaughter may exist depending on the facts of the case. A competent murder defense attorney can help you establish these defenses and devise a plan to help you beat the accusations.
At the Chambers Law Firm, we pledge to be there for our clients at every step of the way. In Rancho Cucamonga and the surrounding regions, we represent people accused of involuntary manslaughter and associated crimes. We will vigorously defend you against all criminal allegations and try to ensure that you receive the best possible outcome. To book a free first consultation with a murder defense lawyer call 714-760-4088.
