Manslaughter attracts serious ramifications for any offender found guilty, as it involves the loss of life. Therefore, defendants facing these charges should seek professional legal help to build defense strategies and prepare for trial. Further, your attorney should help you assess your case to determine whether the claims against you are substantiated.
In doing so, you can save yourself a lot of time and resources that you may otherwise spend in a futile criminal trial. So when looking for a criminal attorney to work with, you should target a reliable and diligent team with a wealth of experience handling the cases.
Partnering with California Criminal Lawyer Group is the best option for arrested suspects facing manslaughter charges in Fresno, California. With our team’s support, you will have a chance to analyze your case, prepare solid defenses and appear in court throughout the trial. Further, the team accommodates each client’s requirements for personalized service. You will also receive access to legal guidance that goes beyond routine court appearances.
The Legal Definition of Manslaughter
The offense of manslaughter is punished under section 192 of the California Penal Code, so it is punishable by law. The offense entails killing a human being without any previous criminal intent, also known as malice aforethought. In comparison, a person facing murder charges will have premeditated the offense by planning to execute the victim. Hence, the accused’s lack of malice aforethought is the distinguishing factor between murder and manslaughter.
Usually, prosecutors characterize malice aforethought in two broad categories to help gauge the type of offense in question. The first indicator of the element is the intention to end a human life. Obtaining these facts required to prove the malice may revolve around your actions before undertaking the unlawful activity.
Secondly, malice aforethought may be derived from the accused’s demonstration of disregard for human life. Some indicators of the element include careless handling of dangerous weapons in public.
Upon determining that malice aforethought was absent in your case, the prosecutor enters a manslaughter charge. Afterward, you will be ready for trial, where your case is proved. The prosecutor will bear the burden of proof to demonstrate your involvement in the crime.
Elements of Crime Related to the Offense
Since each accused person commits manslaughter in different settings, the law creates a guide for the prosecutor's use during the trial. These guidelines include the various elements of the crime that the prosecution must sufficiently prove before you receive a sentence. If the prosecutor shows inadequacy when handling even one of the elements, you may have a chance of an acquittal. Thus, the assigned prosecution team will work on creating strong arguments backed by reliable evidence. The main elements of crime in a manslaughter case are:
The Victim Provoked You
Provocation plays a significant role in manslaughter cases, as it is often the starting point for violence. In addition, different people react to the provocation in varied ways, meaning that the prosecutor will be keen to identify when it occurred. To do so, the prosecution team may rely on witness statements from persons who observed the circumstances as they unfolded. Afterward, they will build on their arguments using the retrieved information.
Alternatively, footage with sound recordings may be an effective source of evidence, as it portrays these events as they occurred. For example, if the person who provoked you used rude language, their actions are detectable from the produced footage. It, therefore, becomes sufficient to introduce to the prosecution for further action.
You should remember that provocation involves acts aimed to make you angry and retaliate. Hence, the prosecutor should also highlight the other party's fault in continuously evoking your adverse reactions. Nonetheless, the focus will remain on the actions you chose to undertake next, leading to the manslaughter.
You Retaliated in the Heat of the Moment
Upon showing that you faced some provocation, the prosecutor then demonstrates how you retaliated. This is the focal point in the entire case, as the judge will obtain all the information regarding the violent actions you participated in. A wide range of reactions is accepted as violent in the context of manslaughter because the bottom line is that your negative emotions fueled it.
Therefore, the prosecutor must also prove that you were very angry when retaliating, meaning that you acted in the heat of the moment. Your violent engagement should have occurred within seconds or minutes of dealing with the provocation, as you are more likely to be angry.
Conversely, if you took some time to cool down before having your revenge on the provoker, the case may be treated as murder. This is because you will have had enough time to plan on how to execute the unlawful activity. Malice aforethought will therefore be present, qualifying your case to murder.
Although case circumstances differ, the prosecutor should also show that the provocation was one-sided, leading you to retaliate. However, some may choose to leave this detail out because it may justify your reasons for taking action against the victim of manslaughter.
An Average Person of Sound Mind May Have Reacted Similarly
Similarly, the prosecutor is required to prove that an average person acting reasonably is likely to have retaliated in the same way. While this may seem counterproductive to their case, their role remains to prove that the crime is common, so you are likely to be guilty.
Thus, you can expect the prosecutor to rely on statistics on persons convicted of manslaughter with similar case facts as yours. Moreover, the presentation may extend into demonstrating that your mental capacity was triggered, meaning that you wilfully acted out of revenge. If the prosecutor's case is successful, you may have challenges in retaliating and disproving the element of the crime.
Despite this, your criminal defense attorney is ready to prepare and present a defense to help you avoid incarceration. Alternatively, you may receive complete acquittal depending on the judge's findings and your case facts.
Involuntary Manslaughter
Although voluntary manslaughter cases are more common, involuntary manslaughter is also considered a felony punishable by law. The crime occurs when a person kills a human being while violating another law. It is also often paired with negligence or recklessness on the defender's part, as the crime is easily avoidable.
Unlike voluntary manslaughter, this variation of the offense under section 192(b) does not require provocation. Nevertheless, you will only face involuntary manslaughter charges for the death of a person without malice aforethought.
Elements of the Crime
The difference in elements of crime between voluntary and involuntary manslaughter is essential when charging a suspect. If you face an involuntary manslaughter charge, you want to know what to expect during trial. You will then have a better chance to prepare defenses and counterarguments using the different crime factors. The main elements of the crime are:
You Were Involved in An Infraction or Misdemeanor
As discussed, involuntary manslaughter is charged for suspects who committed a separate offense. For example, a driver guilty of a DUI may run over a pedestrian or cause a fatal accident based on their intoxication level.
Using this case study, the driver will have committed a DUI misdemeanor for drunk driving, on top of causing the traffic accident fatality. Subsequently, the appropriate charge would be involuntary manslaughter because malice aforethought and provocation were absent factors.
The Unlawful Action Involved Criminal Negligence
Further, the offender must have been criminally negligent. The element involves ignoring duties of care imposed by the law, leading to a criminal violation. For example, all medical professionals must uphold a duty of care to patients by ensuring they provide the correct treatment. The Health Code and other statutes also require the professionals to undergo intense training before being accredited as doctors, nurses, or therapists, among other professionals.
Thus, any professional practicing without a medical license violates the law and commits negligence by failing to meet the duty of care. If the prosecutor proves that your actions fall within criminal negligence, you are more likely to face conviction for the crime.
Penalties for Manslaughter Under PC 192
When found guilty of manslaughter, you are liable to face felony penalties. The judge applies sentencing policies to issue penalties. These consequences depend on whether the case facts included any aggravating factors, enhancing the punishment. The penalties provided under section 192 PC are:
- Three, six, or eleven years in state prison.
- A $10,000 maximum fine payment.
On the other hand, involuntary manslaughter under section 192(b) attracts separate charges based on the slightly different circumstances involved. Thus, the possible penalties are:
- A sentence lasting for up to four years in jail or state prison
- A $10,000 maximum fine
Additional Punishments for the Offense
Apart from the conventional jail term and fines provided for most felony offenses, the judge may also decide to include the following penalties:
Mandatory Counseling Sessions
If aggression was part of the factors linked to your case, the judge must be satisfied that you will not regress in the future. As a result, they may order you to undergo mandatory counseling sessions to help in anger management. Furthermore, the sessions will help the professional identify the underlying problem behind your outbursts. By finding the triggering factors and addressing them, you are less likely to repeat those patterns in the future.
You should remember that a failure to attend the counseling sessions may result in a sentence adjustment. For example, accused persons who demonstrate unsubstantiated failure to appear risk facing imprisonment and harsher fine payments. On top of this, they may still have to attend the sessions if the judge believes they are necessary.
Community Service
Typically, community service is issued as a sentence under probation. However, since manslaughter is a felony offense, you may lack the chance to participate in probation. Nonetheless, convicted persons are still expected to participate in community service sessions. For some, it may be a mandatory requirement to conclude the sentence.
Conversely, other convicted persons may use it to become eligible for parole. Since these strategies may be successful, you should aim to appear for all required community service sessions. Failure to do so may result in revocation of your chance for parole.
Forfeiture of the Right to Own a Firearm
Committing manslaughter using a firearm, for instance, a gun or rifle, results in additional restrictions beyond incarceration. Based on the irresponsible use of your firearm, legal conditions apply to prevent any subsequent ownership rights. As a result, you may face future arrest and prosecution for undermining the restrictions.
Although your current sentence for manslaughter may be complete, any additional incarceration will be detrimental to your record. Moreover, the judge handling your case for violating the weapon restriction rule may enhance your sentence. The sentence enhancement comes from the criminal record building up a bad reputation against you.
A Strike on Your Record
California also operates based on the three-strike laws. They apply to offenders who commit three or more offenses capable of resulting in a strike in your record. Usually, the strikes accumulate for repeat offenders depending on their likelihood to repeat the offenses.
If you have committed a previous strike offense leading up to three, you will face more severe repercussions. For example, you may have to face mandatory incarceration, higher fine payments, or attend a probation program.
Defenses for the Crime
While most manslaughter cases attract several penalties for the accused party, you will have a chance to present your defenses before the judge enters a final verdict. To do this, you want to prepare relevant defenses to your case beforehand with your criminal attorney’s help.
Before moving to court, your lawyer may ask for details to help secure a solid argument. Alternatively, the information may be useful in presenting an alibi that dissociates you from the crime scene. Some applicable defenses for both a manslaughter charge include:
The Actions Resulting in the Victim’s Death Were an Accident
Accidents often result from unforeseen circumstances in any scenario. Sometimes, the accident may also occur due to inaccurate estimations of time and distance, leading to the victim’s death. For example, a driver who knocks down and kills a pedestrian may not have intended to do so. Instead, they may have miscalculated the distance and speed it would take for the victim to cross the road safely.
In these situations, claiming the defense of an accident leading to manslaughter may be acceptable. However, the judge or jury presiding over the hearing will need proof that you did not engage in any negligent oversights. For example, if the driver in the scenario violated the speed limit leading to the accident, the defense is unlikely to work in their favor.
Additionally, the defense may be corrupted and disregarded if any witnesses' testimonies contradict the presentation. As a result, your criminal lawyer will advise you against relying on the argument if the accident cannot be proven to be genuine.
You Suffered from Insanity or Intoxication when Acting
Secondly, you can rely on the defense of temporary insanity or extreme intoxication to avoid the penalties assigned to the offense. Upon choosing the argument, you should ensure that the legal requirements qualifying the defense are met. This is done to ensure that your presentation is credible and that it attracts a possible penalty reduction.
Among the requirements to meet is to ensure that the facts surrounding your case align with the legal principles set in the M'Naghten rules on insanity and intoxication. Under these rules, any accused person relying on the defense of insanity or intoxication should have been insane or so intoxicated that they did not know what they were doing. Alternatively, the defense may also apply if the intoxicated or insanity caused them not to understand that what they were doing was wrong.
For credibility, your attorney can liaise with a psychiatrist or a medical professional who can prove that your mental well-being was non-functional. Thanks to the provided details, your defense is corroborated, strengthening it and having a better chance of being accepted. Additionally, your attorney may call on several witnesses to support your case and help you secure a charge reduction.
You Acted in Self Defense
One of the strongest counter-arguments to present as a defense is that you were acting in self-defense. If successful, you may receive an acquittal for the crime. This is because resorting to self-defense is allowed to help you avert danger. However, the law provides for several requirements that you must meet before the judge can accept the defense as a valid argument.
Firstly, the case circumstances should be that you had no other option but to retaliate violently against the attacker. For example, this may occur if the person cornered you or restricted you in a confined space like inside a vehicle. Subsequently, if you had to escape from the danger, you may have a more difficult time convincing the court on why to accept your defense.
Secondly, the force used in defending yourself must have been proportional to the harm you faced. This rule exists to limit persons who act in an outrageously violent way from evading legal ramifications entirely. For example, if you run someone over for aggressively begging through the car window, your actions in self-defense will be disproportionate.
Lastly, the court will reject your defense if you repeatedly harmed the attacker to the point of death. This is tied to the second restriction preventing you from using disproportionate force, especially if the danger has been contained.
The Prosecutor Lacks Sufficient Evidence for the Case
The probability of success in a criminal case is only as good as the weight of the evidence presented by the prosecutor. As a result, your lawyer may choose to focus on the flaws in the opposing side’s argument.
As mentioned, the prosecutor holds the burden of proof in criminal cases to show that you were involved in all the elements of the crime. Hence, strategizing on discrediting the prosecution’s evidence may work in some instances.
Nevertheless, your attorney should be careful when presenting this defense to avoid giving any self-incriminating details. Therefore, comparisons on the evidential sources between both parties should be minimal to avoid leading questions from the prosecutor.
You Face False Accusations
Finally, some accused persons may be genuinely innocent of the offense, meaning they are on trial based on false accusations. If you strongly believe that someone has maliciously planted evidence or lodged a false report against you, you should consult your attorney. You will learn whether the defense applies to your case facts to plan on the next step through their guidance.
Your evidential sources must be strong since the defense involves shifting blame to a third party for providing wrongful information. In addition, presenting the details should leave no doubt in the judge’s assessment of the events leading to the false accusations. Thus, by finding credible evidence, you will be better positioned to receive an acquittal.
Contact a Fresno Criminal Defense Lawyer Near Me
Upon facing manslaughter charges, you are bound to panicking and looking for the easiest way to evade legal repercussions. However, most cases result in convictions for the involved party, especially if you lack legal representation. On the other hand, parties with criminal attorneys present during the case stand better chances of a successful outcome.
Therefore, you want to work with a well-experienced and skilled team. In addition, your attorney should understand the technicalities of defending a manslaughter charge to help in securing a lenient sentence or an acquittal. Partnering with California Criminal Lawyer Group is an excellent way to start your defense journey after facing manslaughter accusations.
By consulting the team, you will have access to well-researched and high-quality legal solutions for your case. On top of this, the assigned criminal lawyer is ready to take your matter to court for representation. The services are also tailored to suit the needs of each case, regardless of the similarity in facts. If you require criminal defense services in Fresno, California, contact us today at 559-712-8377.
