Definition of Involuntary Manslaughter — PC 192(b)
Involuntary manslaughter is a lesser charge than voluntary manslaughter but still a very serious crime that has serious consequences. If you or someone you know has been charged with the crime of involuntary manslaughter, it is vital that you seek the legal assistance of an attorney who knows the definition of involuntary manslaughter.
Involuntary Manslaughter Prosecution PC 192(b)
In order for you to be charged with involuntary manslaughter under California Penal Code section 192(b), the prosecution must show that an unlawful killing occurred while you committed:
- An unlawful act, not amounting to a felony, or
- A lawful act which might produce death, in an unlawful manner, or without due caution or circumspection.
Defense to Involuntary Manslaughter
If you have been charged with involuntary manslaughter, the attorneys at Wallin & Klarich can discuss with you what defenses are available under the circumstances of your case. Common defenses to involuntary manslaughter include:
- Self-defense or defense of another
- Imperfect self-defense
- Insufficient evidence
The attorneys at Wallin & Klarich are knowledgeable about the law regarding involuntary manslaughter and can assist you to present the best possible defense for your case.
Sentencing and Punishment for Involuntary Manslaughter PC 193(b)
Even though by the definition of involuntary manslaughter, charges are considered a lesser offense than a voluntary manslaughter charge, you can still face harsh penalties. Involuntary manslaughter is a felony in California. PC 193(b) and 17(a). After California’s realignment legislation, involuntary manslaughter is punishable by a jail sentence rather than a prison sentence. (PC 193(b) and 1170(h)). This means that if you are convicted of involuntary manslaughter you face imprisonment in the county jail for two, three or four years. (PC 193(b) and 1170(h)).
Depending on the circumstances of your case, the court also has the option of allowing you to serve out part of your sentence in county jail, while ordering that you serve the rest of your sentence under mandatory supervision by a county probation officer. In addition, you may also be required to pay fines up to $10,000. (Penal Code 672).
Involuntary Manslaughter FAQs
To help you understand the various aspects of involuntary manslaughter, our attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions in our FAQ section. There, you can find answers to questions like:
- Will a conviction for involuntary manslaughter result in a “strike” on my record under California’s Three Strikes law?
- How is involuntary manslaughter different from voluntary manslaughter?
- Is it possible for me to have an involuntary manslaughter charge reduced to attempted involuntary manslaughter?
We Can Help You
It is important that you choose a lawyer who has insight into how prosecutors will try and use the definition of involuntary manslaughter to their advantage. These types of cases are often complex in nature and require the skill of an involuntary manslaughter lawyer who can challenge the evidence and locate any weaknesses in the prosecutor’s case that may be to your advantage. If you are charged with involuntary manslaughter, your future, reputation, and freedom are at stake, and it is important that you immediately seek the guidance of an involuntary manslaughter lawyer. We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville.
Contact Wallin & Klarich at 1-877-4NO-JAIL (1-877-466-5245) for a free phone consultation with an involuntary manslaughter lawyer today to build a solid, effective defense for your involuntary manslaughter charge.