Involuntary manslaughter is one of the most severe violent crimes classified as a California felony. If you or someone close to you has been charged recently, you can expect to face serious consequences. You should immediately engage a competent defense attorney to boost your odds of fighting against these charges because a conviction can be very detrimental to your life. Involuntary manslaughter carries severe penalties. Therefore, defending it requires an expert with specialized knowledge in that area.

For this reason, you should consider hiring a defense lawyer who is well-trained and experienced in handling cases involving involuntary manslaughter. We at California Criminal Lawyer Group are knowledgeable about California criminal law matters and skilled enough to fight for the best possible outcome for your case. Contact our Fresno attorneys at any time for consultation or immediate help concerning your matter.

Understanding Involuntary Manslaughter Under California Law

The crime of involuntary manslaughter is discussed under the statute PC 192b. It refers to when an individual accidentally kills another person while engaged in a non-serious felony or some legal action that could result in the loss of life.

Unlike murder as defined by California’s Penal Code 187, which mandates malice aforethought, involuntary manslaughter does not require an intent to kill another person. Moreover, actions under this definition that involve a motor vehicle don't fall within the bounds of the legislation governing involuntary manslaughter. Instead, they could be treated as part of vehicular manslaughter statutes.

One famous case of California involuntary manslaughter involves pop artist Michael Jackson and his physician, Dr. Conrad Murray, who gave him a dose of a surgical sedative drug, resulting in his demise. Consequently, he was convicted of involuntary manslaughter.

Here are other examples that can lead to an arrest for involuntary manslaughter:

  • Someone pulls out a gun during an argument and points it toward their parent, thereby violating PC 417, which bans brandishing firearms, their firearm accidentally discharges, causing the parent’s death.
  • A person who steals a watch from a store, for example, violates the PC 484 petty theft statute. While escaping with it on his or her bike, he or she knocked down a pedestrian. Unfortunately, the latter died from injuries inflicted by the perpetrator.

Elements of The Crime

An involuntary manslaughter crime under California law is comprised of several elements. To convict someone under PC 192b, the prosecution needs to establish the specifics of the offense.

The following are elements of involuntary manslaughter that the prosecutor must prove:

  • You perpetrated a legal act unlawfully or committed an infraction, misdemeanor, or offense that isn’t automatically considered a felony.
  • The way you carried out your actions was grossly negligent or reckless.
  • Someone died as a result of your actions.

To understand each element more deeply, let’s look at them individually.

A Criminal Offense or A Legal Action Carried Out In An Unlawful Manner

A case can only be considered as involving involuntary manslaughter if another crime has been committed beforehand. Purely accidental instances cannot be counted. The following actions can amount to wrongdoing:

  • This is a minor violation that most often carries a fine for punishment, like, for example, a PC 415 breach or driving infraction.
  • Misdemeanor.
  • An act that does not pose danger per se. You will not be accused of involuntary manslaughter if you accidentally kill someone while committing another felony offense. Instead, the prosecutor will charge you with murder under California’s felony murder rule.
  • Carrying out an act that, although not itself unlawful, is done in an illegal manner.

Criminal Negligence

It is required that the prosecuting attorney prove criminal negligence, whether an involuntary manslaughter case arises from some other legal act or underlying offense. Criminal negligence goes far beyond ordinary carelessness or inattention. It occurs only when:

  • You irresponsibly cause a substantial risk of serious bodily injury or even death.
  • There was an unreasonable risk associated with acting as you did.

Criminal negligence happens when one acts in a way much different from how an otherwise reasonable, cautious person would have acted given similar circumstances. Such actions show complete disregard for life or indifference to their consequences on the part of their actor.

For instance, Laura goes out with friends and leaves her four-year-old son alone at home. Tragically, while she has been out having fun, there is a house fire, and as a result, her son dies. However, since she did not exhibit any criminal negligence, Laura is not guilty of PC 192b under such circumstances. It would have been unlikely that she foresaw harm coming upon her son due to something like a fire breaking out back at home while away.

You Were Directly Responsible For The Death of Another Person

If someone dies directly as a result of your actions, and their death would not have occurred without those actions, then it means your actions caused their demise. This makes it necessary for a reasonable individual to foresee death as a probable consequence. Also, note that hiding involuntary deaths (PC 152) is against California law.

Involuntary Manslaughter Because of Failing to Act Under Your Obligation

Involuntary manslaughter may occur when a person breaches his duty as imposed by law and, hence, causes the act. However, this has different legal consequences. For PC 192b to be proved based on a defendant’s failure to perform a specific legal duty, the following elements have to be established beyond reasonable doubt:

  • The accused owed the deceased victim a valid duty.
  • You failed in your performance of this duty.
  • Your disregard for that duty was criminal negligence.
  • That dereliction of your obligation caused death.

Determining a person’s legal obligation towards another is done by judges rather than juries in cases of involuntary manslaughter. Examples of relationships that come into play concerning these obligations are:

  • Parent-child relationship.
  • The existence of a custodial relationship whereby one has caring responsibilities over another.
  • Paid caregivers and the people they care for could also fall into this category.

As an example, Max and Sarah meet first at a bar. For instance, Sarah tells him that she wants to enter one of his rooms and inhale cocaine, and this incident occurs in his residence. She then passes out after finishing snorting cocaine. After that, Max drags her from his home and leaves her by his gate before returning to sleep. The following morning, Sarah is found dead.

Max may have put himself in a serious legal predicament by allowing Sarah, who was under the influence, into his house and letting her use cocaine. In addition to other facts, such as the fact that he failed to seek medical assistance when she passed out, they could be liable for PC 192b.

Involuntary Manslaughter Penalties

Every situation will see PC 192a treated as a criminal offense. Some potential penalties include:

  • A fine not exceeding ten thousand dollars.
  • Probation for felony cases.
  • Two, three, or four years behind bars.

Involuntary manslaughter charges in such cases normally lead to a victim's surviving family member filing a civil lawsuit. Perpetrators of PC 192b could face financial liability if they lose the civil suits. Moreover, your conviction counts as a strike violation under the “Three Strikes” law when you accidentally kill someone with a gun or any other deadly weapon and get convicted of PC 192b.

A California involuntary manslaughter sentence can be served in jail rather than prison due to realignment laws. Assembly Bill 109, which passed in 2011, was the driving force behind this amendment. It allowed for imprisonment instead of incarceration for over five hundred types of California felonies committed.

Before realignment, involuntary manslaughter convictions carried sentences of four, three, or two years in prison. According to PC 1170h, PC 192b is now punishable by imprisonment terms of either four, three, or two years after realignment took effect. Involuntary manslaughter is classified under PC 1170h, which prescribes imprisonment rather than a prison term, even if someone is found guilty of a felony crime.

In addition, according to PC 1170h, the judge must allow the defendant to complete his/her sentence for involuntary manslaughter in jail, followed by the remaining balance served while on probation supervision by an officer.

The realignment laws greatly transformed California’s criminal justice system. Thus, you can find out more about this matter from your criminal defense lawyer and understand better details regarding your case and how it pertains to realignment.

Other Consequences

Nevertheless, you could face serious consequences, including punitive measures such as a lengthy jail sentence, if you were charged with involuntary manslaughter under PC 192b. To repeat what has been stated earlier on, anyone convicted of any felony offense, including involuntary manslaughter, will forfeit their right to possess firearms legally within California.

Moreover, if one happens to buy or carry any firearm soon after being pronounced guilty of any felony within California or another state, extra felony charges can be imposed against him under PC 12021. Therefore, if you’re found guilty of involuntary manslaughter and it’s later discovered that you have a firearm, you could be prosecuted based on California PEN 12021.

Any present state-issued licenses that you hold can also be revoked upon being convicted of involuntary manslaughter. Any California criminal conviction could lead to such licensing authorities’ actions.

Legal Defenses for Involuntary Manslaughter

In the event of a suspicious death, law enforcement officers and the prosecution team are expected to intervene. The public demands someone pay for such incidents. Consequently, sometimes officials hasten their inquiries or conclude prematurely, thus causing innocent people to defend themselves against unfounded accusations of involuntary manslaughter.

Nevertheless, a skilled criminal defense lawyer defending allegations of involuntary manslaughter can apply different legal defenses and potentially end up with reduced or dropped charges against the client. Examples of these include:

You Were Acting to Protect Yourself or Another Person

If all these conditions are satisfied, then this defense can work out legally.

  • You had an honest belief that either yourself or another person were at immediate risk of being killed, sexually assaulted, maimed, or robbed or it was certain that serious physical harm would come your way.
  • You had reasons to believe that you ought to use deadly force as soon as possible, to shield yourself or others from danger.
  • Little force was used.

You will not be found guilty of involuntary manslaughter if you can prove all the above facts in court.

It was Unintentional

Since most involuntary manslaughter cases entail killings that were not intentional, these crimes are intrinsically unintentional. For this reason, when you did nothing wrong, it is appropriate to argue accident as a defense under PC 192b, which means there was no criminal negligence.

To establish this defense, one must show:

  • No intent to harm or commit an unlawful act.
  • Your actions at the time of the killing were not criminally negligent.
  • At the moment of the commission of a homicide, the offenders were in judicial proceedings.

There is No Sufficient Evidence

In situations where open-ended involuntary manslaughter is quite evident, police sometimes make snap judgments about what happened. He just agrees with them when they bring their cases before a prosecutor. This is one of several reasons why it is vital to get an experienced criminal defense attorney if you have been charged with involuntary manslaughter.

Competent criminal lawyers go to great lengths in their investigations. They spend a lot of time and resources interviewing many witnesses, seeking advice from forensic experts, and examining every piece of evidence to find out what happened.

False Arrests or Wrongful Accusations

Involuntary manslaughter charges are often leveled against innocent individuals for different reasons. Usually, this happens when a dead person’s loved one tries shifting blame or when someone holds a grudge against the other party and wants his/her reputation spoiled.

In such circumstances, a competent criminal lawyer specializing in handling manslaughter lawsuits could be of great help. A lawyer conversant with the law who pays attention to technicalities could give a strong defense against allegations related to involuntary manslaughter.

Claiming Insanity Defense

You can enter a plea of not guilty on the grounds of insanity. To make this argument successfully under California law, your lawyer must establish that you were legally insane under the M’Naghten test. Specifically, he or she needs to show that at the time you committed the crime, you suffered from a mental disease or defect that prevented you from understanding the nature and quality of your acts or from knowing what was right and what was wrong. Put simply, either there was no ability to comprehend or it was impossible to tell between good and evil.

Mistaken Identification

If you feel that the district attorney has wrongly charged another person for the offense, a defense of mistaken identity might be appropriate. Alibi evidence is typically necessary to use this defense, which means that one can prove they were somewhere else at the time when involuntary manslaughter occurred.

Related Offenses

There are several defenses for involuntary manslaughter that have common features. This means you could be charged with these instead of PC 192b. This usually happens when other factors are present in the case or when the prosecutor fails to prove all the elements of involuntary manslaughter.

Sometimes, you could discover that some different offenses can also be seen as involuntary manslaughter. Such charges might then increase multiple counts of indictment during legal proceedings. The crimes that are linked to involuntary manslaughter include:

Murder

Both manslaughter and murder fall under PC 187, but they differ on one point. A murder typically implies premeditated malice and an intent to kill. However, the felony murder rule allows for the possibility of accusing someone of murder rather than manslaughter if they accidentally kill someone while committing a crime. A conviction for first-degree murder can result in life imprisonment or even the death penalty, while second-degree murder attracts fifteen years up to a life sentence.

For instance, when the victim is a police officer, a witness, or somebody you have killed to get financial gain, this could call for the highest punishment, such as a death sentence.

Voluntary Manslaughter

The meaning of voluntary manslaughter is killing another person following an intense argument or outburst of rage, according to PC 192a. In other words, voluntary manslaughter is an intentional killing that can be punished less than murder because it was caused by intense emotions felt by the accused.

The punishment for involuntary manslaughter under PC 192a is less severe than that for voluntary manslaughter. Under the three strikes statute, you may get sentenced from 3 years to 11 years in custody with one strike registered on your criminal record.

Vehicular Manslaughter

The main distinction between vehicular and involuntary manslaughter under PC 192c is that the former refers specifically to a situation where the defendant was driving a vehicle.

If you commit vehicular murder with gross negligence, it becomes known as gross vehicular manslaughter. This amount of negligence is similar to what’s needed for involuntary manslaughter. The prosecution has discretion as to whether or not to charge gross vehicular manslaughter as a misdemeanor or felony.

A conviction of a felony could result in more severe consequences than those associated with involuntary manslaughter. If proven guilty, you may serve two (2), four (4), or six (6) years of imprisonment while in custody. Conversely, if you are convicted of vehicle manslaughter based on simple negligence alone. This offense can be classified as a misdemeanor, with the maximum sentence prescribed by law being a one-year prison term.

Vehicle Manslaughter When Operating a Vehicle While Intoxicated

Driving under the influence and causing a fatal accident could land you in serious legal trouble. Vehicular homicide can be prosecuted through a violation of PC191a, while aggravated vehicular manslaughter would be prosecuted through a violation of PC191b. It is therefore important to stay sober while driving, not only for your safety but also to adhere to the law.

As compared to typical vehicular manslaughter or involuntary manslaughter, this offense has higher penalties. DUI offenses are prosecuted as felonies, whereas gross vehicular homicide is not. The potential punishment that one can receive will range from four years to six years or even ten years of imprisonment. However, regular vehicular manslaughter under the influence will be less severe since it carries a maximum jail term of either two years or four years.

Watson/DUI Murder

Under PC 187, there could be second-degree murder convictions involving DUI murder. This happens when somebody who has had a previous conviction for DUI kills someone while drunk driving. The term “Watson” came into use following a Supreme Court case known as People v. Watson, which was decided in 1981.

In this case, the court established that if an impaired person causes death by accident and demonstrates implied malice, he/she could be held accountable for murder under PEN 187.

DUI murder always constitutes a crime with a punishment of 15 years to life imprisonment, a strike against the defendant’s criminal record under the Three Strikes law, and a $10,000 maximum fine. If there are survivors who have been injured too, then the possible sentence can increase.

Are There Any Civil Liabilities If I Accidentally Kill Someone?

In addition to facing manslaughter charges, you could also be sued in civil court for wrongful death. While your freedom may not be at risk, you could potentially face a civil judgment that results in significant financial damages. This means you might have to pay a substantial amount of money in connection with the wrongful death lawsuit.

Can Involuntary Manslaughter Charges Be Reduced To Attempted Involuntary Manslaughter Charges?

No, they can’t. Attempting involuntary manslaughter is against the law as it involves unintentionally killing someone. An individual should have intended to commit the crime for him or her to be charged with an attempt. It should be noted that although involuntary and voluntary manslaughter are both lesser-included offenses compared to murder, they are not alike.

Find an Experienced Criminal Defense Lawyer Near Me

If you are facing a charge of involuntary manslaughter, the California Criminal Lawyer Group can provide you with quality legal advice and representation. Our experienced Fresno legal team has a successful track record of fighting such accusations, and we have helped many clients in cases similar to yours. To learn more about your case or schedule a free consultation, contact our Fresno criminal defense attorneys at 559-712-8377.