Involuntary Manslaughter FAQs – California Penal Code Section 192(b)

     

  1. Will a conviction for involuntary manslaughter result in a “strike” on my record for California’s “Three-Strikes” law?

    2. No. Although involuntary manslaughter is a homicide, it is not considered a “serious” or “violent” felony for the purposes of the “Three-Strikes” law.

  2. How is involuntary manslaughter different from voluntary manslaughter?

    3. Between the two, voluntary manslaughter is more severely punished. The maximum sentence for voluntary manslaughter is 11 years in state prison, while the maximum sentence for involuntary manslaughter is four years. Also, involuntary manslaughter is charged when you kill someone because of the unreasonableness of your actions, but voluntary manslaughter is charged when the killing was provoked by an event that causes mental or emotional distress.

  3. What is “criminal negligence?”

    4. Criminal negligence requires more than just a mistake or simple carelessness. Your actions will be deemed criminally negligent if it deviates from how a reasonable person would act, or if it amounts to a disregard for the safety of human life.

    The question of what qualifies as “criminal negligence” is at issue regarding the untimely death of pop star Michael Jackson and the subsequent involuntary manslaughter charge against his personal physician, Dr. Conrad Murray, who allegedly treated Jackson’s insomnia with lethal doses of propofol, a powerful anesthetic. The prosecution will attempt to show that Dr. Murray was criminally negligent by administering such an unreasonably large dose of an anesthetic that was never intended to be used to treat insomnia.

  4. Can I also incur civil liabilities for unintentionally killing a human being?

    5. Yes. You may be subject to wrongful death claims that are made in civil court. Although your personal freedom may not be in jeopardy, you may incur substantial monetary loss. Wrongful death claims usually arise in medical malpractice situations in which a patient dies due to some negligence act by caring physician.

  5. Is it possible for me to have an involuntary manslaughter charge reduced to attempted involuntary manslaughter?

    6. No. Since involuntary manslaughter is an unintentional killing, the attempt to commit it is a legal impossibility. It is also important to note that involuntary manslaughter is not a lesser included offense of voluntary manslaughter – although they are both lesser included offenses to murder.

  6. Can I still be charged with involuntary manslaughter if I was drunk at the time I committed the act that killed a person?

Yes. If you were unaware of your actions due to voluntary intoxication, and those actions results in the death of another person, you will still be found guilty of involuntary manslaughter. When you cause your own intoxication to the point of unconsciousness, you are held to assume the risk that while unconscious you will commit acts that are inherently dangerous to human life.