Involuntary Manslaughter Prosecution – California Penal Code 192(b)
What the Prosecution must prove for an Involuntary Manslaughter Sentence
If you are arrested on charges of involuntary manslaughter, it is essential that you have an involuntary manslaughter lawyer on your side representing your legal rights and helping you to present a strong defense. The prosecution will not stop short of charging you with the harshest manslaughter sentence possible, charging you to the fullest extent. In order to protect your freedom and future, it is crucial that you have a capable and experienced involuntary manslaughter lawyer fighting for your rights.
Proving Involuntary Manslaughter Charges
In order for the prosecution to convict you for an involuntary manslaughter sentence under California Penal Code 192(b), it must be proven that there was an unlawful killing that took place:
- During the commission of an unlawful act, not amounting to a felony, or
- During the commission of a lawful act which might cause death, in an unlawful manner or without due caution and circumspection.
In order to help you understand what is needed for you to be convicted of for an involuntary manslaughter sentence, the attorneys at Walllin & Klarich have provided more information below that explains what California Penal Code 192(b) actually means.
An “unlawful act” not amounting to a felony is either a misdemeanor or an infraction. A misdemeanor is a crime that is punishable by no more than one year in the county jail. (CPC 16). An infraction is a minor offense that is only punishable by a fine, for example a speeding ticket.
For an involuntary manslaughter sentence, there is no requirement that the unlawful act be inherently dangerous. Instead, the act must be dangerous under the circumstances of its commission. It is only the manner in which you perform this act that creates the criminal liability for this offense.
Without Due Caution and Circumspection
The California Criminal Jury Instructions relating to involuntary manslaughter describe that the phrase “without due caution and circumspection” generally refers to criminal negligence. (CALJIC 8.46). Criminal negligence is commonly defined as reckless action that is an extreme departure from the way a reasonable person would act.
In order to prove that you acted without due caution or circumspection, the prosecution must prove that the death was the result of a reasonably foreseeable consequence of your aggravated, reckless, or negligent conduct.
We Can Help You
The Prosecution fights hard for an involuntary manslaughter sentence, we fight hard against it. The highly skilled lawyers at Wallin & Klarich will analyze all evidence pertaining to your involuntary manslaughter case and build a strong defense that will help disprove the prosecution’s case. Wallin & Klarich will keep your best interests in mind while assisting and guiding you through every step of the legal process.
If you need to speak with an involuntary manslaughter lawyer regarding your involuntary manslaughter charges, call Wallin & Klarich today at 1-877-4NO-JAIL (1-877-466-5245). The attorneys at Wallin & Klarich have over 30 years of experienced successfully defending clients and have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville. We will be there when you call.