Manslaughter Attorney – California Penal Code 192
Are You Seeking A Manslaughter Attorney in California?
Although it is seen as less severe than a murder charge, manslaughter is a very serious crime in California. Though they are similar in nature, manslaughter is not the same as murder. Murder requires malicious intent to cause the death of another. In comparison, manslaughter is the unlawful killing of another human being without malice. There are three types of manslaughter under California law:
Manslaughter is a felony in most cases, which is punishable by a lengthy prison sentence and hefty fines. These severe consequences can be detrimental to you, your family and your career. Therefore, it is important to have an experienced attorney who will fight for you to get the best possible results in your case.
A skilled manslaughter attorney from Wallin & Klarich can defend you against these charges and get you the best possible results in your case. Read below for more information on manslaughter laws or simply pick up the phone and call (877) 466-5245 for free, immediate advice from an expert California manslaughter lawyer.
Why Hire Wallin & Klarich?
The success of our manslaughter defense firm has helped us achieve the highest of merits, including a 5 out of 5 AV rating on Lawyers.com, a 10 out of 10 rating on AVVO.com, and an A+ rating from the Better Business Bureau.
For over 40 years, the California manslaughter lawyers at Wallin & Klarich have defended those facing manslaughter charges. Here are just a few testimonials provided by some of our previous clients:
“I was charged with 1st Degree Murder for the shooting death of an elderly woman in San Bernardino County. I was arrested and charged with numerous felonies and was facing LIFE in prison. While I wasn’t innocent of the shooting, I was not guilty of murder as I shot the gun in defense of others and the stray bullet ended up killing the victim. I had never been in trouble before and devastated by my actions…as such, I was prepared to take responsibility but not for murder! After having a public defender for months and feeling like I was going nowhere but prison for the rest of my life, my family was referred to Wallin & Klarich, who assigned a partner to my case. Wallin & Klarich believed in me and my defense of others. Even though Wallin & Klarich explained that my defense of others was “imperfect” within the law, they believed the charges were overcharged and that they would attempt to get the charges reduced to a voluntary manslaughter with use a weapon, which would avoid LIFE imprisonment and give me a determinate prison sentence so I can have my life back eventually. In the end, that is exactly what happened. I am currently serving my sentence and in a few years will have my life back. Every day I thank God for Wallin & Klarich and ask for his forgiveness for the death of the victim.”
“I was referred to Wallin & Klarich after being charged with 1st Degree Murder along with 2 other defendants as a result of a drug deal gone bad in Riverside County. I was roped into the thumping of a friend at the hands of crazed parolee and his sidekick. I feared for my life at the time and didn’t stop them even though I should have. I will regret that decision the rest of my life as they beat my friend to death and left him for dead in an abandoned field wrapped in a tarp. Wallin & Klarich made tireless efforts to prepare my defense and pushed hard for a reduced charge and sentence along with my testimony against the others….but to no avail. I was prepared to take responsibility for my actions but we were forced to go to trial. The trial lasted a month with countless witnesses being called. Wallin & Klarich aggressively cross-examined the DA’s witnesses and in closing argued to the jury that I had acted out of fear and duress. Wallin & Klarich presented a reasonable and plausible defense….they presented the facts without the hype! In the end, my co-defendants were found guilty of all of the charges and the jury deadlocked on my charges, which would lead to a possible 2nd trial. With that knowledge, the DA’s finally backed off the 1st degree murder charges and offered me a lesser charge to avoid a 2nd trial. After lengthy discussions with my attorney and family, I accepted the plea bargain….which is what we had been striving for before trial. I would recommend Wallin & Klarich to others charges with serious crimes.”
“I was arrested and charged with 1st Degree Murder for the killing of a man and Attempted Murder of another in a connection with a gang-related shooting in a neighborhood in San Bernardino County. Even though the evidence was stacked against me and I was facing 2 LIFE terms, my family took the chance on hiring a private attorney. We were referred to Wallin & Klarich. Wallin & Klarich assigned one of its partners to my case. After lengthy discussions and analysis of the evidence and law, my attorney advised me that the best we could hope for getting the charges reduced to voluntary manslaughter, which would prevent any LIFE terms and give me a chance at life again after serving a determinate sentence. I agreed and was very happy to hear that I had a chance to redeem myself after serving my punishment as the other inmates and the public defender didn’t give me any hope at all of seeing the light of day. After several months of aggressive negotiations, Wallin & Klarich was able to attain a plea bargain to voluntary manslaughter and a determinate sentence! I was able to avoid LIFE in prison and look forward my rehabilitation and eventual release at a relative young age still. Thank you Wallin & Klarich for believing in me.”
Call Wallin & Klarich Today
You can place your trust in us. Our knowledgeable manslaughter lawyers are committed to defending your rights and your freedom. Call us today for immediate help on your manslaughter case.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free telephone consultation.
Voluntary Manslaughter – PC 192(a)
Voluntary Manslaughter is defined under California Penal Code Section 192(a)1 as “the unlawful killing of a human being upon a sudden quarrel or heat of passion.” In order to be charged with this crime, the accused must not have had the malicious intent to kill another person.
Examples of voluntary manslaughter include any type of killing due to a spontaneous heat of passion i.e., when a husband finds his wife having an affair with another man and kills in an act of rage.
What Constitutes a Voluntary Manslaughter Conviction?
To be convicted of a voluntary manslaughter charge under California Penal Code Section 192(a), the prosecution must prove:
- You were provoked
- The provocation drove you to act with impaired judgment and reasoning
- Any reasonable person would have acted rashly when provoked in this manner
The prosecution must show that you were driven over the edge and lost your self-control and the action you committed was something any reasonable person would have done in the same situation.
Possible Defenses to a Voluntary Manslaughter Charge
In order to defend yourself from a voluntary manslaughter charge, you must prove that you acted in self-defense or acted in the defense of others. It is important to hire an experienced attorney who will work with you to develop a strong defense that can result in the charges against you being reduced or even dismissed.
Punishment for Voluntary Manslaughter
Under California Penal Code Section 192(a), voluntary manslaughter is a felony that is punishable by a state prison sentence of three, six or 11 years. A voluntary manslaughter conviction counts as a “strike” under California’s Three Strikes Law. Comparatively, a murder conviction can result in a sentence of life in prison. Therefore, if you are charged with murder, it is important to have an experienced Wallin & Klarich attorney who can fight to have the charges against you dismissed or reduced to manslaughter.
Involuntary Manslaughter – PC 192(b)
“The commission of an unlawful act, not amounting to a felony; or the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.”
Involuntary manslaughter is seen as a lesser charge than voluntary manslaughter or murder because the death that results from involuntary manslaughter is seen as unintentional.
Possible Defenses to an Involuntary Manslaughter Charge
To defend yourself if you are facing an involuntary manslaughter charge, you may argue:
- Self-defense or the defense of another
- Imperfect self-defense (when you fail to legally meet the requirement of self-defense i.e., shoot and kill someone during a fist fight)
- The death was an accident
- There is insufficient evidence
It is important to hire an experienced attorney who will work with you to develop a strong defense strategy that can result in the charges against you being reduced or dismissed.
Punishment for Involuntary Manslaughter
Although involuntary manslaughter is considered to be a lesser offense than voluntary manslaughter, involuntary manslaughter is still a felony in the state of California. Under California Penal Code Section 193(b) and 1170(h), an involuntary manslaughter conviction is punishable by two, three, or four years in county jail.
Depending on the circumstances of your case, you may be able to serve part of your county jail sentence under the mandatory supervision of a county probation officer under California Penal Code Section 672. In addition, you may also be required to pay fines up to $10,000. Therefore, it is important to have a skilled Wallin & Klarich attorney who may be able to have your charges reduced or dismissed.
An involuntary manslaughter conviction will not count as a “strike” under California’s Three Strikes Law. Though involuntary manslaughter is a homicide, it is not categorized as a “serious” or “violent” felony under California law.
Vehicular Manslaughter – PC 192(c)
Examples of ordinary negligence in a vehicular manslaughter charge in California include speeding, texting while driving and talking on a cell phone without a hands-free device.
You can be convicted of vehicular manslaughter if the driver or passenger of the car you hit dies of injuries related to the crash, a passenger in the car that you were driving dies as a result of your negligent conduct, or a pedestrian was killed as a result of your negligent conduct.
What Constitutes a Vehicular Manslaughter Conviction?
To be convicted of a vehicular manslaughter charge under California Penal Code Section 192(c)3, the prosecution must prove all of the following:
- While driving a vehicle, you committed a misdemeanor, infraction or otherwise lawful act in an unlawful manner;
- The misdemeanor, infraction or otherwise lawful act was dangerous to human life under the circumstances of its commission;
- You committed the misdemeanor, infraction or otherwise lawful act with ordinary negligence; and
- The misdemeanor, infraction or otherwise lawful act caused the death of another person.
Possible Defenses to a Vehicular Manslaughter Charge
To defend yourself from a vehicular manslaughter charge, you may argue:
- Your actions were not negligent
- Your actions were not the cause of death
- You were not driving the vehicle
A charge of vehicular manslaughter depends on the facts of every individual case. Therefore, it is important to hire an experienced Wallin & Klarich attorney who will work with you to develop a strong defense based on the evidence in your case.
Punishment for Vehicular Manslaughter
Under California Penal Code Section 192(c), vehicular manslaughter can be charged as a misdemeanor or felony. Whether vehicular manslaughter is charged as a misdemeanor or felony depends on the facts in your individual case and your prior criminal history.
A misdemeanor vehicular manslaughter conviction is punishable by up to one year in county jail. A felony vehicular manslaughter conviction is punishable by two, four or six years in state prison. A vehicular manslaughter conviction can also result in the suspension of your driver’s license.
What Should I Do Next?
If you or a loved one is facing a manslaughter charge, it is critical that you speak to an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 40 years of experience successfully handling manslaughter cases in Southern California. Our attorneys will fight to get you the best possible outcome in your case.
With offices in Orange County, Riverside, San Bernardino, Victorville, West Covina, Torrance, Los Angeles and San Diego, there is an experienced Wallin & Klarich Southern California criminal defense attorney near you no matter where you are located.
Call us today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.
All of the information provided above was retrieved from the following sources: