Voluntary manslaughter is the unlawful killing that occurs during an argument, quarrel, or altercation. When you face charges of voluntary manslaughter, the prosecution does not need to prove the presence of malice or hatred.
Voluntary manslaughter is a felony whose conviction will result in a prison sentence of up to eleven years. Additionally, the conviction will ensure your record is accessible to the public. The sentence can mess up your career opportunities and ruin your reputation.
You must hire and retain a knowledgeable defense attorney if you or a loved one faces charges for violating PC 192(a). You will require expert legal guidance to navigate the case. An attorney can protect your rights and help you collect evidence for a defense.
At Desert Defense Lawyers, we will review your case and develop a defense strategy. We serve clients seeking legal guidance to battle criminal charges in Palm Desert, CA.
An Overview of California Penal Code 192(a)
You commit the crime of voluntary manslaughter when you intentionally cause death to another person. This can occur in the heat of passion, during a sudden quarrel, or when defending yourself from danger. Voluntary manslaughter attracts charges under California PC 192(a) and has the following elements:
Someone Else Proked You
Voluntary manslaughter occurs during fights, arguments, or heated altercations. Therefore, the prosecution must prove that another person proved you.
You Acted Under Intense Emotion
Another element that the prosecution must prove when establishing your liability under PC 192(a) is that you reacted rashly to the provocation. Under these circumstances, the emotions resulting from the provocation fuel your reaction.
Also, the provocation that crowded your judgment would have caused an average person to act similarly. Premedication and malice afterthought set apart voluntary manslaughter from murder. Therefore, showing that your reaction stemmed from provocation eliminates this element.
Different individuals have varying reactions to provocation. Sometimes, the provocation causes you to fear for your safety and react violently. In California, you have no obligation to retreat from an altercation if it happens in your home. Therefore, if the crime occurred at your home, you can react accordingly.
You Acted with the Intent to Cause Severe Injury or Death
In a PC 192(a) criminal case, the prosecutor must prove that you consciously disregarded the victim's life. This is true if you knew or should have known the danger you were posing to the alleged victim.
Penalties for Voluntary Manslaughter
A violation of PC 19(a) attracts felony charges. A conviction for the offense will result in the following penalties:
- A prison sentence of three, six, or eleven years
- Up to $10,000 in fines
- Felony probation
- Anger management counseling classes
Voluntary manslaughter is a strike under California's three strikes law. The three strikes law is a sentencing scheme under California Penal Code 667. This scheme imposes a prison sentence of twenty-five years to life for violent repeat offenders.
If you have another strike on your record, your conviction for voluntary manslaughter may result in a double sentence. The conviction will attract a prison sentence of twenty-five years to life for defendants with two or more strikes on their record.
When you face charges for voluntary manslaughter, you can convince the court to impose lesser penalties. This is by preventing the following mitigating factors:
You do not have a criminal record. California courts are more lenient on first-time offenders than resort offenders. Therefore, if you can prove that you do not have a prior conviction for a similar offense or any other crime, the court can lessen your penalties.
You have cooperated with law enforcement officers and investigators. Your behaviors during an arrest, investigation, and prosecution can dictate the level of punishment you will face after a conviction. You can get kisser penalties if you show maximum cooperation throughout the case.
Collateral Consequences of a PC 192(a) Conviction
The conviction for involuntary manslaughter will remain on your criminal record. This could result in the following collateral consequences:
- Loss of your gun rights. The court will limit your gun rights after your conviction. You cannot purchase, possess, or use a firearm. You must also surrender the guns you own to law enforcement officers.
- Immigration consequences. Immigrants facing charges of voluntary manslaughter risk adverse immigration consequences after a conviction. These could include deportation or inadmissibility.
- Difficulties finding employment. Many employers will perform a background check on their potential employees. Your potential employer can use the conviction to deny you the job.
- Loss of a professional license. Your professional licensing board will learn of your voluntary manslaughter conviction. After learning this information, they can impose severe license discipline. This could include a revocation or suspension of the license, which can damage your career.
Legal Defenses Against Voluntary Manslaughter
Voluntary manslaughter involves the unlawful and intentional killing of another person. The consequences of a conviction for this offense can have lasting effects on your life. This includes limiting your freedom for up to eleven years and staining your criminal record.
If you face an arrest and charges under Penal Code 192(a), you must fight the charges to avoid conviction. The following are common legal defenses you can use against your voluntary manslaughter charges:
Self-defense or Defense of Others
California law makes it a crime to cause harm to another person. However, the law does not mandate that you should allow yourself to suffer injury. You can use force if you reasonably believe another person is in danger. This is to neutralize the threat and protect yourself from harm.
Self-defense is a common argument you can present in your voluntary manslaughter case. When using self-defense as the defense to your case, you must prove the following elements:
- You believed that you or another person were in danger of severe bodily injury or death. You must prove to the court that you thought you or someone else was in immediate danger. This may have resulted from another person's actions or threats.
- You believed using force was necessary for your or another person's protection. Not all threatening circumstances warrant the use of force. Therefore, you must prove your reasonable belief in using force in court.
- You used force only enough to protect yourself or someone else against that danger. When you assert self-defense in a voluntary manslaughter case, you must show that you used force proportional to the threat posed against you.
You are not required to retaliate against an intruder who enters your home. Therefore, if you cause the death of a person under these circumstances, you can assert self-defense.
In situations where you are an aggressor, you can prove self-defense by arguing that you attempted to retreat from the incident. However, the alleged victim followed you and tried to use deadly force on you.
Innocence
You are innocent until the prosecution proves otherwise in your case. This is by demonstrating all the elements of the crime beyond a reasonable doubt. The prosecution proves your liability under PC 192(a) by establishing all the elements of the crime.
Unless all the elements are clear, you can argue that you did not commit the crime. Your attorney can help you refute the allegations by presenting an alibi. Additionally, you can attack the validity of the witness testimonies. This creates reasonable doubt in the prosecutor's case and increases your chances of prevailing.
False Allegations
Voluntary manslaughter is a severe offense with grave consequences. Unfortunately, not all the allegations for the offense have a factual basis. Your case may rely on assumptions, witness testimonies, and circumstantial evidence. This is because the victim cannot testify against you.
You can make false accusations under PC 192(a) by someone with whom you have a strained relationship. Additionally, the perpetrator of the crime can accuse you of shifting the blame from themselves. Facing a conviction after false allegations of voluntary manslaughter is a devastating experience.
Therefore, you will need an experienced criminal lawyer. Your attorney will help you uncover the false allegations and avoid a conviction.
Accidental killing
Voluntary manslaughter requires a criminal intent. Therefore, the prosecution must prove your intention to harm or kill the alleged victim to secure a conviction against you. Acting carelessly does not suffice as an intent to cause death to another person. Arguing that the homicide was accidental can help you avoid conviction under PC 192(a). Without criminal intent, you will not be liable for the offense.
Eliminating an intent in your case can result in reducing your charges to involuntary manslaughter. Involuntary manslaughter is a wobbler. This means that you could face misdemeanor charges. A misdemeanor conviction attracts less severe penalties.
Insanity
The court considers you insane if you cannot understand the nature and consequences of your actions. You could avoid a conviction for voluntary manslaughter by asserting an insanity defense. Before the court accepts this defense, you must undergo a mental and psychological evaluation. The examination determines the accuracy of your claims.
When the court finds you insane, you will face confinement in a mental facility. Establishing a successful insanity defense requires extensive legal expertise. Therefore, you will need a competent criminal lawyer.
Involuntary Intoxication
Voluntary manslaughter is the killing that occurs during an altercation or a heated situation. Intoxication cannot excuse you from criminal activity. However, you can use it as a defense for your case. When using this defense, you must prove to the court that the intoxication was involuntary. Involuntary intoxication can help reduce your PC 192(a) charges to involuntary manslaughter.
Voluntary manslaughter as a Plea to Murder
You can use voluntary manslaughter as a plea for your murder charge. Murder involves the unlawful killing of another person with a malice afterthought. Murder is one of the most severe felonies with which the prosecution can charge you.
A murder conviction results in a lengthy prison sentence. This means spending the rest of your life behind bars. If the prostitution lacks enough evidence to prove premeditation, they can offer you a voluntary manslaughter plea.
Entering a plea bargain means that you will plead guilty or no contest to voluntary manslaughter to avoid a murder conviction. Although voluntary manslaughter is also a felony, the penalties are less severe.
Offenses Related to Voluntary Manslaughter
Voluntary manslaughter is a serious felony. When you face charges for voluntary manslaughter, the prosecution can introduce charges for the following related offenses to your case:
Involuntary Manslaughter
California law defines involuntary manslaughter as the unintentional killing of another person. Involuntary manslaughter attracts charges under PC 192(b) and has the following elements:
- You committed an act that posed a significant risk of injury or death to another person.
- You acted with criminal negligence.
- Your negligent acts resulted in another person's death
Besides, you are guilty of involuntary manslaughter when you breach your duty of care towards another person. This occurs when your breach of duty is a direct factor in the victim's death. Involuntary manslaughter is a felony punishable by a prison sentence of two to three or four years. Additionally, the court may impose fines that do not exceed $10,000.
Murder
Murder is the unlawful killing of another person with malice aforethought. Murder is the most aggravated form of homicide charged under PC 187. The most significant difference between voluntary manslaughter and murder is malice. While manslaughter occurs during arguments or fights, murder requires planning.
You could face charges for first- or second-degree murder depending on the circumstances under which you caused the death. Sometimes, you can use voluntary manslaughter as a plea to your murder charge. This occurs when the prosecution cannot establish the element of premeditation in your PC 187 case.
First-degree murder attracts the punishment of life imprisonment or capital punishment. A second-degree murder conviction, on the other hand, is punishable by a prison sentence of up to twenty-five years. If you face murder charges in California, your whole life is at stake. Therefore, you must consult with a reliable criminal attorney.
Vehicular Manslaughter
California Penal Code 192(c) defines vehicular manslaughter as killing another person while driving a vehicle. Charges for this offense will rise if you operate a vehicle negligently. As a result of the negligent acts, you cause an accident that kills someone else.
Under California law, negligence involves acting in a way that puts another person at risk. You will be convicted under this statute if the prosecution proves you ignored the risk. The prosecution is not required to show your intent to harm another person.
Vehicular manslaughter can attract felony or misdemeanor charges. The nature of your charges will depend on the circumstances of the case. A misdemeanor conviction for the offense will result in a one-year jail sentence and a $1,000 fine. When the prosecution files a felony charge under PC 192, your conviction can result in a sentence of 2, 4, or 6 years.
The Department of Motor Vehicles will learn of your vehicular manslaughter arrest. After receiving this information, the DMV may seek to revoke or send your license. You may need to attend a DMV hearing before you go to trial for your criminal case. At this hearing, you can contest your license suspension.
In addition to spending time behind bars, your conviction will result in:
- The loss of your gun rights for a lifetime
- Deportation or inadmissibility
Vehicular Manslaughter While Intoxicated
California PC 191.5(b) defines vehicular manslaughter while intoxicated. This offense involves killing another person while driving under the influence of alcohol. The prosecution must prove these elements when you face charges under PC 191.5(b):
You drove a vehicle under the influence of alcohol or drugs. This means that your Blood alcohol content exceeded the legal limit.
- You committed an unlawful act or a misdemeanor when driving
- You acted with ordinary negligence
- Your unlawful acts caused the victim's death
Vehicular manslaughter while intoxicated is a wobbler. In your case, the prosecution can file a felony or misdemeanor charge against you. A felony PC 191.5(b) conviction attracts a prison sentence of sixteen months, two years, or four years. If the prosecution files a misdemeanor charge, your conviction will result in a one-year jail sentence.
Find a Reliable Criminal Defense Attorney Near Me
You could face an arrest and charges under PC 192(a) for the intentional killing of another person. Voluntary manslaughter charges arise when you kill someone in a fit of anger. Before your conviction, the prosecutor must prove all the elements of the crime. The consequences of a conviction for voluntary manslaughter go beyond incarceration and fines.
The conviction will remain on your record even after serving 3, 6, or 11 years in prison. This will impact multiple aspects of your life. They include your ability to obtain employment, a place to live, or retain your professional license.
Fortunately, not all arrests under PC 192(a) result in a criminal conviction. With the guidance of a skilled criminal lawyer, you can build a solid defense to avoid a conviction. At Desert Defense Lawyers, we understand how a voluntary misdemeanor conviction can impact your freedom and future.
We offer expert legal guidance for your clients battling voluntary manslaughter charges in Palm Desert, CA. Call us at 888-293-0396, and let us help you secure a favorable case outcome.
