More California Manslaughter – Overview information
Manslaughter – California Penal Code Section 192
Under California Penal Code Section 192, manslaughter is charged in situations where a human being was unlawfully killed, but the accused killer did not act with the malicious intent to murder. Manslaughter consists of three kinds:
- Voluntary Manslaughter: A killing brought on by a sudden fight or provoked in the heat of passion. (Penal Code Section 192 (a))
- Involuntary Manslaughter: A killing resulting from an unlawful activity that is not serious enough to be a felony, or a lawful activity that is dangerous to human life if engaged in recklessly or without due care. (Penal Code Section 192 (b))
- Vehicular Manslaughter: A killing due to the illegal driving of an automobile in situations where the driver was careless or grossly reckless while engaged in unlawful or dangerous activities. (Penal Code Section 192 (c))
Each of these different kinds of manslaughter has their own set of elements that the prosecution must prove in order to convict you for manslaughter. For more specific information please click the links below for more information.
- To prove voluntary manslaughter, the prosecution must show that the accused caused the death of a human being; that the accused was provoked; that the provocation drove that individual to act rashly with impaired reasoning and judgment; and that any reasonable person would have acted rashly under the same circumstances.
- To prove involuntary manslaughter, the prosecution must show that the accused committed an act that posed a high risk of death or serious injury to human life, or that the individual acted with criminal negligence; and that their acts caused the victim’s death.
- To prove vehicular manslaughter, the prosecution must show that the accused caused the death of a human being due to illegal driving of an automobile, which may include gross negligence, drunk driving, reckless driving or speeding.
If convicted, voluntary manslaughter is punishable by imprisonment in state prison for a period of up to 11 years. Involuntary manslaughter brings with it a sentence of up to 4 years in state prison. Vehicular manslaughter can range from up to 1 year in county jail to a maximum sentence of 10 years in state prison. Therefore, a defendant facing murder charges will often seek to reduce that charge to manslaughter.
