Manslaughter – Voluntary / Involuntary
Los Angeles Voluntary & Involuntary Manslaughter Lawyer
VOLUNTARY MANSLAUGHTER TYPICALLY INVOLVES A PERSON BEING PROVOKED TO ACT IN THE HEAT OF PASSION
If you or a loved one is charged with voluntary manslaughter the most crucial thing to find is an attorney that has handled this type of case before. This is a unique crime and is not filed by the prosecutors very often in my experience. Therefore not all attorneys have had to defend this charge in court or in a jury trial situation. In my experience this charge is usually accompanied by a murder charge. So the defendant is either trying to get voluntary manslaughter instead of murder or taking the position that they are not guilty and using a defense to justify a killing that has occurred.
There are certain events that happen in people’s lives that cause them to act from deep passion and anger, rather than using their common sense and logic. When these events and feelings of anger lead to a death, sometimes the concept of voluntary manslaughter is appropriate. I have defended many clients both charged with this crime and charged with murder (who should have been charged with this crime instead) and have come to realize that to win this type of case, your attorney must show that you acted as another would have, when faced with similar circumstances. This requires a thorough defense investigation and a top level litigator to put the case together and also attack the prosecutor’s case and show that they have not proved the case beyond a reasonable doubt.
CA Penal Code 192a Voluntary Manslaughter
A person killed another because of a sudden quarrel or in the heat of passion if:
- The person was provoked;
- As a result of the provocation, the person acted rashly and under the influence of intense emotion that obscured their reasoning or judgment; AND
- The provocation would have caused a person of average disposition to act rashly and without due deliberation, that is, from passion rather than from judgement.
INVOLUNTARY MANSLAUGHTER CAN COME IN A NUMBER DIFFERENT FORMS, BUT ALWAYS INVOLVES CRIMINAL NEGLIGENCE AND A DEATH
Over the course of the past twenty-five years I have defended many clients charged with Involuntary Manslaughter in the Los Angeles courts. These charges have ranged from felonies to misdemeanors and always involve high stakes for the client, because a death has occurred and the prosecutors want someone to pay of it. Unfortunately, tragedies happen in life, but that does not necessarily mean that someone has to be to blame for it. I consider myself an expert at figuring out when someone should have to take responsibility for a death, versus the person being blamed is not the cause of the death and there is some other force or factor that is responsible. To have any chance to be successful in this type of case, you will need an experienced, savvy criminal defense attorney on your side. Take control of the case today…with one phone call!
CA Penal Code 192(b) Involuntary Manslaughter
A person can be for found for involuntary manslaughter if:
- The person committed a crime that posed a high risk of death or great bodily injury due to the way the crime was committed, or committed a lawful act, but acted with criminal negligence; AND
- The persons acts unlawfully caused the death of another person.
Criminal negligence involves more than ordinary carelessness, inattention, or mistake in judgement. A person acts with criminal negligence when:
- They act with recklessness in a way that creates a high risk of great bodily harm or death; AND
- A reasonable person would have known that acting in that way would create that risk.