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California Penal Code Section 192(b) PC: Involuntary Manslaughter
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California Penal Code Section 192(b) PC: Involuntary Manslaughter
Involuntary manslaughter laws in California can be confusing and complex–but they don’t have to be. This article will explain everything you need to know about California Penal Code Section 192(b) PC, which covers involuntary manslaughter charges in the state. We’ll discuss what involuntary manslaughter is, potential penalties, legal defenses, and more. Our goal is to help you understand this area of California criminal law in simple, easy-to-understand language.
What is Involuntary Manslaughter in California?
Involuntary manslaughter is covered under California Penal Code Section 192(b), and basically occurs when a person kills another unintentionally. In other words, it’s when a person kills someone without meaning to. This is quite different than murder charges under California Penal Code Section 187, which legally requires “malice aforethought.”
Additionally, involuntary manslaughter laws in California don’t include conduct that involves the use of a vehicle, which are covered under California’s vehicular manslaughter laws.
A common example of involuntary manslaughter charges in Los Angeles County includes situations in domestic violence related incidents. For example, maybe a husband unintentionally kills his wife during an argument by pushing her, and she falls and hits her head. Or perhaps two brothers get into a physical fight, and one ends up killing the other unintentionally. These could potentially lead to involuntary manslaughter charges under Penal Code 192(b) PC.
Penalties for Involuntary Manslaughter Convictions
Involuntary manslaughter is always a felony offense in California. If you are convicted of violating California Penal Code Section 192(b), the legal penalties include:
- 2, 3, or 4 years in a California state prison
- Felony probation
- A fine up to $10,000
If your act that killed another person involved the use of a firearm or other deadly weapon, the prison sentence increases to 3, 6, or 11 years. The judge has discretion in determining the exact length of your sentence based on the facts and circumstances of your case.
In addition to the criminal penalties, a conviction will also result in a felony record that can negatively impact many aspects of your life for years to come. For example, involuntary manslaughter convictions can make it very difficult to find a job, secure housing, obtain professional licenses, and more.
Legal Defenses to Involuntary Manslaughter Charges
When facing charges under California Penal Code 192(b) PC, the most common legal defenses include:
- Lack of criminal negligence – For a prosecutor to convict you of involuntary manslaughter, they must be able to prove you acted with criminal negligence. Your defense attorney can argue you exercised ordinary care in your actions.
- Self-defense – If the death occurred while you were legally defending yourself or someone else, an experienced criminal defense lawyer may be able to beat the charges.
- False accusations – Sometimes people get falsely accused of crimes they did not commit. An attorney can investigate the facts of your case and build a strong defense showing your innocence.
- Intoxication – You can’t be found guilty of involuntary manslaughter if you were too intoxicated to form the mental state required. A lawyer may argue you were too drunk or high to act negligently.
An experienced Los Angeles criminal defense attorney will thoroughly examine the details of your case to determine the best defense strategy. Having skilled legal representation can make all the difference in getting charges reduced or dismissed.
There are a few other criminal offenses in California related to involuntary manslaughter that you should be aware of:
Vehicular Manslaughter – Penal Code 192(c) PC
Under Penal Code 192c, involuntary vehicular manslaughter in California is almost identical to the crime of involuntary manslaughter. The only difference is that it involves driving a vehicle in a negligent manner or violating a traffic law, and thereby causing an accident where a person is killed. The penalty is also either 2, 4, or 6 years in county jail or state prison.
Voluntary Manslaughter – Penal Code 192(a) PC
Voluntary manslaughter involves intentionally killing someone as a result of a sudden quarrel or in the heat of passion. This occurs when the killer acted rashly under provocation, without deliberation or premeditation. Voluntary manslaughter is still treated as a serious violent felony in California.
Murder – Penal Code 187 PC
First and second degree murder charges under Penal Code Section 187 require the prosecution to prove the killing was intentional and premeditated, done with malice aforethought. This is obviously much more serious than an unintentional killing amounting to involuntary manslaughter.
Hiring an Attorney
Facing involuntary manslaughter charges can be an extremely stressful and frightening experience. But having an experienced criminal defense lawyer by your side can help ensure your rights are protected each step of the way. They will conduct a thorough independent investigation of your case, build a strong defense on your behalf, negotiate aggressively with prosecutors, and fight relentlessly in court if necessary.
Don’t leave your future in the hands of the public defender, who is overworked and underpaid. Hire a private attorney who will give your case the time and attention it deserves. Many reputable defense lawyers offer free consultations, so you can discuss the details of your case and decide which attorney is the best fit for you.
With so much on the line, take a proactive approach and contact an attorney immediately if you or a loved one is facing involuntary manslaughter charges. An experienced lawyer can advise you of all your options and develop a strategic defense to achieve the most favorable outcome possible.