Where is the Line Between Police Brutality and Necessary Force? Suspect Dies After Being Tasered
Voluntary vs. Involuntary Manslaughter: What’s the Difference?
Voluntary vs. Involuntary Manslaughter: What’s the Difference? Although manslaughter is a lesser offense than murder, it is still considered one of the most serious crimes in California, and the penalties for conviction include long prison sentences. Whether your manslaughter case is charged as voluntary or involuntary can be complex, as your charges will often depend on the specific circumstances of your case and your intentions. Continue reading to learn the…
Read MoreHow Can a Lawyer Reverse Your Manslaughter Conviction | The Case of Adora Perez
How Can a Lawyer Reverse Your Manslaughter Conviction | The Case of Adora Perez In the mulling case of In re Perez, the court considers the issue of whether California’s murder statute allows for the prosecution of women whose babies are stillborn as a result of the mother’s illegal drug use. In 2017, Ms. Perez suffered a stillbirth, meaning her unborn child died while still in the womb, at a…
Read MoreIn re Viehmeyer: Can a Person Be Eligible For Early Parole Under Prop 57 if She is Convicted of Violent and Non-violent Felonies?
In re Viehmeyer: Can a Person Be Eligible For Early Parole Under Prop 57 if She is Convicted of Violent and Non-violent Felonies? In 2002, Viehmeyer was pulled over in Santa Ana, California for making an illegal “U-turn” and while running the plates, the officer found the vehicle was reported stolen. Viehmeyer got out of his car and began running from the police. While running, Viehmeyer pulled out a gun…
Read MoreCan a Woman Be Charged For Murder For Overdosing on Methamphetamine in California?
Can a Woman Be Charged For Murder For Overdosing on Methamphetamine in California? Recently, the question confronting courts is whether the use of meth by a pregnant woman is reckless and deliberate enough to elevate the death of a fetus from manslaughter to murder? And if it is, does such a charge of murder create a slippery slope against other actions that may be considered ‘reckless and deliberate’ enough…
Read MoreWhat is Involuntary Manslaughter? – PC 192 (b)
What is Involuntary Manslaughter? – PC 192 (b) Under California Penal Code section 192 (b), involuntary manslaughter is the unlawful killing of a human being that occurs either: During the commission of an unlawful act (not amounting to a felony) OR During the commission of an otherwise lawful act that is committed without due caution and involves a high risk of great bodily harm or death. The elements of this…
Read MorePunishment for Voluntary Manslaughter – PC 192 (a)
Punishment for Voluntary Manslaughter - PC 192 (a) You recently came home to find the babysitter inappropriately touching your 7-year-old daughter. Enraged by what you witnessed, you grabbed your handgun and shot the babysitter to death. Will the district attorney charge you with murder or voluntary manslaughter? In this situation, the district attorney will likely charge you with second-degree murder. However, your criminal defense attorney will argue that your actions…
Read MoreWhat is Voluntary Manslaughter in California? – PC 192(a)
What is Voluntary Manslaughter in California? - PC 192(a) Under California Penal Code section 192 (a), it is unlawful to kill a human being “upon a sudden quarrel or heat of passion.” To be convicted of voluntary manslaughter in California, you did not have to have intended to commit murder. Typically, these types of acts occur in emotional situations. For example, during a quarrel about a spouse’s alleged unfaithful activities…
Read MoreProsecutors File Manslaughter Charges Against Homeowner After Fireman Dies Trying To Put Out Fire In Homeowners Home
Prosecutors File Manslaughter Charges Against Homeowner After Fireman Dies Trying To Put Out Fire In Homeowners Home In a very unusual case, the owner of a home that was under construction is facing criminal manslaughter charges because a firefighter was killed while he attempted to put out a blaze that had occurred at the home during construction. The basis for the prosecution is that the homeowner had purchased a “noncode-compliant”…
Read MoreWoman Facing 45 Years in Prison for Providing Beer at Teen’s Party
Woman Facing 45 Years in Prison for Providing Beer at Teen's Party A Pennsylvania woman is being charged with 4 counts of reckless endangerment and corruption of minors, as well as 17 citations for providing minors with alcohol, following a fatal accident that occurred after 4 teens left a party she was hosting. The woman will not be charged with involuntary manslaughter because prosecutors could not prove that the alcohol…
Read MoreWhere is the Line Between Police Brutality and Necessary Force? Suspect Dies After Being Tasered
Where is the Line Between Police Brutality and Necessary Force? Suspect Dies After Being Tasered A few months ago, two Fullerton police officers were charged in the death of a transient. One officer is facing murder charges, while the other is facing manslaughter charges. The murder defense attorney representing the officer facing the most serious charges is arguing that the victim was resisting, and police used reasonable force. The victim…
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