Defenses to Voluntary Manslaughter in Los Angeles
California PC 192(a)
A Wallin & Klarich criminal defense attorney experienced in voluntary manslaughter in Los Angeles will develop a strong defense strategy on your behalf to defeat a voluntary manslaughter charge depending on the specific facts of your case. An experienced attorney can make a successful argument that can lead to your charges either being reduced to a less serious offense or dismissed completely.
Possible Defenses to Charges of Voluntary Manslaughter in Los Angeles
PC 192(a) Defense 1 – Self-Defense
If the accused can prove his or her killing of another human being was done in self-defense, then that is a complete defense to the voluntary manslaughter charge in California. In order to prove self-defense, you have to show you faced a realistic threat of being either seriously injured or killed. Also, you have to prove deadly force was necessary in order to defend against that threat. In addition, you must prove that, when defending against that threat, you did not use more force than was reasonably necessary.
PC 192(a) Defense 2 – Defense of Another
You can be found not guilty of voluntary manslaughter in Los Angles if the killing was done to protect others from serious injury or death; this is similar to the self-defense argument detailed above. As with that argument, if you are claiming defense of another, the actions of the defendant have to be ruled reasonable under the circumstances.
PC 192(a) Defense 3 – Defense Against Harm to Self or Others Within Own Home
You will also not be found guilty of voluntary manslaughter in Los Angeles if you killed a person within your home or property, whether the killing was in self-defense or in the defense of others. In order to prove this, however, you have to show that you were defending your home against someone who intended to commit a violent act against someone within his home. The use of deadly force must be proven to have been reasonable under the circumstances, and there must have been a present danger of a serious injury or death.
PC 192(a) Defense 4 – Citizen Arrest by a Non-Peace Officer
If, while lawfully trying to arrest someone who had either committed a crime that threatened bodily injury or death, the arresting non-peace offer kills that person, the court may rule the killing justified. As a result, the person attempting the arrest will not be charged with voluntary manslaughter. However, it is important to note that the person must prove the following:
- He or she had reason to believe that the person killed had committed the crime.
- The person committing the crime posed a danger of serious bodily injury or death to the accused or someone else
- The killing was necessary to prevent the escape of the person committing the crime.
PC 192(a) Defense 5 – Preserving the Peace by a Non-Peace Officer
If done to preserve the peace, the killing of a human being can be considered justified. If the accused can prove he or she killed a person while trying to quell a riot or otherwise preserve the peace, that person will be found not guilty of voluntary manslaughter. In a similar fashion to the other defenses, the accused must prove he or she had a reasonable belief the person killed posed a serious danger of inflicting bodily harm to the defendant or others, and that, under the circumstances, the killing was reasonably necessary.
Place Your Trust in Wallin & Klarich Today
Is very important that you speak with a skilled and experienced Orange County voluntary manslaughter defense attorney as soon as possible. The attorneys at Wallin & Klarich have helped clients facing voluntary manslaughter charges in California for more than 30 years. Call us as soon as you can at (877) 4-NO-JAIL – we have offices in Orange County, Los Angeles, Riverside, San Bernardino, San Diego, Ventura, Victorville and West Covina, and we are standing by 24 hours a day, seven days a week. We Will get through this together.