November 11, 2015 By Paul Wallin

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What is Involuntary Manslaughter? – PC 192 (b)

Under California Penal Code section 192 (b), involuntary manslaughter is the unlawful killing of a human being that occurs either:

  • During the commission of an unlawful act (not amounting to a felony) OR
  • During the commission of an otherwise lawful act that is committed without due caution and involves a high risk of great bodily harm or death.

The elements of this crime can be confusing. That is why it is important to have an experienced criminal defense attorney helping you if you are facing charges of involuntary manslaughter.

Defining Involuntary Manslaughter (PC 192(b))

To better understand the confusing crime of involuntary manslaughter, it is important to define some of the terms that make up the elements of this crime. An “unlawful act” (not amounting to a felony) is a misdemeanor or an infraction. Thus, you can be convicted of involuntary manslaughter if you unlawfully kill a human being during the commission of a misdemeanor or an infraction.

“Committed without due caution” means that the unlawful killing was the result of a reasonably foreseeable consequence of your negligent conduct. If at the time you committed the lawful act you could have reasonably foreseen that someone would be or could be severely injured, the prosecution can charge you with involuntary manslaughter

Involuntary Manslaughter Punishment

involuntary manslaughter
Involuntary manslaughter has severe penalties, but our attorneys can help you.

If you have been charged with involuntary manslaughter, it is critical that you contact an experienced criminal defense attorney from Wallin & Klarich immediately.

The punishment for involuntary manslaughter can be severe. Your punishment will depend on the facts of your case. Even if your attorney cannot get your case dismissed, your attorney may still be able to get the charges reduced.

If you are charged with “gross” or “willful and wanton” negligence, you will be charged with felony vehicular manslaughter. As a felony, this crime is punishable by up to four years in jail.

You will likely be charged with a misdemeanor infraction if the killing occurred during the commission of a misdemeanor. As a misdemeanor, it is punishable by up to 364 days in county jail and a maximum fine of $10,000.

Contact a Skilled Involuntary Manslaughter Lawyer

Facing these types of criminal punishments is scary and unsettling. You will have many questions that you want answered, and fears that you will want settled. Our experienced criminal defense attorneys at Wallin & Klarich are here to help you through every step of the complex legal process. At Wallin & Klarich, our skilled and knowledgeable attorneys have over 40 years of experience successfully defending our clients facing manslaughter charges in California. We’ve helped thousands of people in their time of legal need, and we can help you too.

With offices located in Los Angeles, Orange County, San Diego, Riverside, San Bernardino, West Covina, Torrance, Sherman Oaks, Ventura and Victorville, our experienced criminal defense lawyers are available to help you no matter where you work or live.

Call our offices today at (877) 4-NO-JAIL or (877) 466-5245 for a free phone consultation. We will get through this together.

AUTHOR: Paul Wallin

Paul Wallin is one of the most highly respected attorneys in Southern California. His vast experience, zealous advocacy for his clients and extensive knowledge of many areas of the law make Mr. Wallin a premiere Southern California attorney. Mr. Wallin founded Wallin & Klarich in 1981. As the senior partner of Wallin & Klarich, Mr. Wallin has been successfully representing clients for more than 30 years. Clients come to him for help in matters involving assault and battery, drug crimes, juvenile crimes, theft, manslaughter, sex offenses, murder, violent crimes, misdemeanors and felonies. Mr. Wallin also helps clients with family law matters such as divorce and child custody.

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