Involuntary Manslaughter Punishment & Sentencing – California Penal Code 192(b)
An involuntary manslaughter punishment can be harsh. If you are facing an involuntary manslaughter charge, it is important that you seek legal assistance as soon as possible. Your involuntary manslaughter defense attorney can help you defend against the serious and sometimes overwhelming challenges that come with criminal charges.
Involuntary Manslaughter Punishment (PC 193(b) and 1170(h))
According to California law, involuntary manslaughter is a felony. (CPC 193(b) and 17(a)). Under California Penal Code 193(b), involuntary manslaughter is punishable by imprisonment for two, three, or four years. In addition, you can also be subject to a fine of up to ten-thousand dollars ($10,000) if you are convicted of involuntary manslaughter. (CPC 672).
Under California’s realignment legislation, you may now serve your sentence for involuntary manslaughter in jail, rather than in the state prison. The realignment legislation, which came about in 2011 under Assembly Bill (AB) 109, changed the sentence structure for over 500 offenses in California, by allowing such offenses to be punished by jail time rather than prison time. Before realignment, involuntary manslaughter was punished by a state prison sentence of two, three or four years. After realignment, involuntary manslaughter is punishable by imprisonment in the county jail for two, three or four years pursuant to California Penal Code 1170(h). Offenses punishable pursuant to California Penal Code 1170(h), like involuntary manslaughter, carry a jail sentence instead of a prison sentence, even if the crime is still considered a felony.
In addition, California Penal Code 1170(h) also provides that the court may allow you to serve out a part of your involuntary manslaughter sentence in jail and then require that you serve the remainder of the sentence under mandatory supervision by a county probation officer.
Realignment legislation greatly changed the California criminal justice system. For more information on realignment and how it works visit our felony sentencing content page or contact the attorneys at Wallin & Klarich to discuss the circumstances of your case.
Civil Consequences (California Code of Civil Procedure 377.60-377.62)
If you are facing charges of involuntary manslaughter, you may also end up being civilly liable if you are charged with wrongful death. A wrongful death suit can be brought by the family member of the victim, if the victim died as a result of your wrongful or negligent actions. (CCP 377.60). If you are found to be liable for the wrongful death of another person, you face the possibility of having to pay a large monetary sum for damages. The consequences for wrongful death can be imposed in addition to the criminal punishments and fines associated with involuntary manslaughter.
Other Consequences
In addition to jail time and substantial fines, you may also lose other privileges if you are convicted of involuntary manslaughter. In California, if you are convicted of any felony, including involuntary manslaughter, you will lose the right to own a weapon. In addition, under California Penal Code 12021, if you are convicted of any felony in California or any other state, and you own, purchase or possess a firearm you can be charged with another felony. This means that if you were convicted of involuntary manslaughter and were later found to be in control of a firearm, you could be charged under California Penal Code 12021.
Additionally, if you are convicted of involuntary manslaughter you may also lose any state license you currently have. California state licensing agencies are able to take away your licensing privileges if you are convicted of a crime.
We Can Help
Involuntary manslaughter charges can be devastating and can lead to negative results without the proper legal representation of an involuntary manslaughter lawyer. With over 40 years of experience assisting clients charged with involuntary manslaughter, the attorneys at Wallin & Klarich can help you prevent the harsh punishment and penalties of a conviction. Our involuntary manslaughter lawyers will always look to have the charges lowered or dismissed whenever possible.
We have offices in We have offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville. To schedule a consultation with an involuntary manslaughter lawyer, contact Wallin & Klarich at 1-877-4NO-JAIL (1-877-466-5245). We will be there when you call.
