Manslaughter

Manslaughter can be committed, and thereby charged, in one of two ways, Involuntary Manslaughter, Penal Code (PC) 192 (b), and Voluntary Manslaughter, Penal Code (PC) 192 (a). They differ, as the definitions show, in the state of mind of the offender. That is whether or not she intended to kill, or intended to do the actions that resulted in a death, or she did not intend to kill. Herein we explain both.

1) Involuntary Manslaughter California Penal Code section192 (b)

Involuntary Manslaughter is an unlawful killing that takes place:

1. During the commission of an unlawful act (not amounting to a felony), or

2. During the commission of a lawful act which involves a high risk of death or great bodily harm that is committed recklessly, (i.e., without due care and caution)

Penalties:

Penalties for Involuntary Manslaughter, Penal Code (PC) 192 (b), may be one of the following:

• Formal probation with up to one year county jail, OR

• A two, three, or four-year California state prison sentence. Plus these additional consequences may apply:

• A maximum $10,000 fine,

• The loss of the right to own or possess a firearm pursuant to Penal Code 29800 PC California's "felon with a firearm" law, and

• Possible professional discipline (if you hold a professional license).

Possible Defenses

Contact the Lee Law Group to fight your involuntary manslaughter charges. As the facts allow, Lee Law Group can fight your charges by arguing, among other things, you were engaged in self-defense or were defending someone else when the unfortunate death occurred, and thereby you are innocent of involuntary manslaughter, because self-defense is an absolute defense requiring a "non-guilty" verdict.

Further, we may argue that the death was the result of an accident and thereby the death was unavoidable. As well, Lee Law Group may be able to argue that the law enforcement official’s case against you in supported by insufficient evidence to proceed, or they are accusing you based on false accusations.

Whatever the defense, as the facts allow, Lee Law Group will fight for your acquittal.

 

2) Voluntary Manslaughter California Penal Code section 192 (a)

Voluntary Manslaughter is an unlawful killing that takes place under/after:

1. During a sudden quarrel, or

2.  in the heat of passion.

 

Penalties:

Penalties for voluntary manslaughter include six, or eleven years in the California state prison. A voluntary manslaughter conviction could also trigger the following punishment and penalties:
• A potential strike on your record pursuant to California's three strikes law (which could serve to increase your penalties if you have been convicted of any prior felonies or are convicted of any future felonies),
• A maximum $10,000 fine,
• The loss of the right to own or possess a firearm pursuant to Penal Code 29800 PC California's    "felon with a firearm" law,
• Community service or labor
• Counseling services (such as that for anger management) and
• Other penalties as the court deemed necessary.

 

Possible Defenses
Contact the Lee Law Group to fight your voluntary manslaughter charges. As the facts allow, Lee Law Group can fight your charges by arguing, among other things, you were engaged in self-defense or were defending someone else when the unfortunate death occurred, and thereby you are innocent of involuntary manslaughter, because self-defense is an absolute defense requiring a "non-guilty" verdict.

Further, we may argue that the death was the result of an accident and thereby you had no intention of filling anyone. Without 'intent', you must be acquitted of all types of murder charges except felony murder. As well, Lee Law Group may be able to argue that the law enforcement official’s case has insufficient evidence to proceed, or they are accusing you based on false accusations, mistaken witnesses or illegally obtained evidence, which must be excluded. In certain circumstances, if the facts allow, Lee Law Group may be able to put forward an insanity defense. This does NOT mean you are insane or "crazy". It does mean that at the time of the offense you were suffering from a mental defect or disease that rendered you unable to know that 'killing' was wrong.

This is a complicated defense, as manslaughter is a serious and complicated offense. This is why you require skilled legal representation, which we are able to provide. Whatever the defense, as the facts allow, Lee Law Group will fight for your acquittal.

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