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Penal Code 192(b) PC | Involuntary Manslaughter
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Penal Code 192(b) PC | Involuntary Manslaughter
Involuntary manslaughter laws in California can be super confusing — but I’m here to help explain it in simple terms! Let’s start with the basics: Penal Code 192(b) PC is the law that defines involuntary manslaughter in California. This law applies when someone kills another person unintentionally, through either:
- Committing an unlawful act that is not a felony;
- Or by committing a lawful act which might cause death, but doing so in an unlawful or negligent manner.
The key thing is that the killing was unintentional — the person didn’t mean to kill anyone. That’s different from murder, which requires intent to kill. Let’s break it down more…
What Makes it Involuntary Manslaughter?
There’s a couple main pieces to involuntary manslaughter under Penal Code 192(b) PC:
- You commit an unlawful act that is not a felony, or you commit a lawful act in an unlawful or negligent way.
- You act with criminal negligence, meaning more than just ordinary carelessness.
- Your acts cause another person’s death.
So the death has to be caused by your unlawful or negligent acts. Some examples:
- Getting into a shoving match with someone, they fall, hit their head, and die.
- Accidentally firing a gun and killing someone.
- Giving someone drugs that end up killing them.
In these cases, you didn’t intend to kill the person — but your unlawful or negligent acts directly led to their death. That’s involuntary manslaughter.
What About Vehicles?
One important note is that Penal Code 192(b) does NOT apply to deaths caused by vehicles. Those fall under California’s vehicular manslaughter laws instead, like Penal Code 192(c) and 191.5 PC.
Penalties for Involuntary Manslaughter
Involuntary manslaughter is a felony in California. If convicted, penalties can include:
- 2, 3, or 4 years in state prison
- Up to $10,000 in fines
- Felony probation
It’s serious stuff. And if a gun is involved, it can count as a “strike” under California’s Three Strikes law too.
Legal Defenses
There are defenses that a skilled criminal defense lawyer could use to fight involuntary manslaughter charges, like:
- Accident – Showing the death was a true accident, not caused by your unlawful or negligent acts.
- Self-defense – Arguing your acts were legally justified self-defense.
- False accusations – Proving the allegations against you are false or mistaken.
- Causation – Establishing your acts did not actually cause the victim’s death.
A good lawyer will thoroughly examine the evidence and circumstances to build the strongest defense.
There are other similar crimes that can come up in involuntary manslaughter cases, like:
- Voluntary manslaughter – killing someone intentionally upon a sudden quarrel or in the heat of passion.
- Murder – killing with intent and malice aforethought.
- Vehicular manslaughter – causing a death while driving unlawfully or negligently.
The prosecution may bring multiple charges based on the circumstances. An experienced criminal lawyer can help navigate the complexities.
Getting Legal Help
Dealing with involuntary manslaughter charges is scary. But with an aggressive defense lawyer on your side, you can fight the charges and work toward the best possible outcome. Don’t go it alone — get experienced legal help right away.