Manslaughter – CPC 192(a)

In California, manslaughter is a lesser charge of the crime of murder, or the killing of another individual. Manslaughter, which is charged under California Penal Code Section 192(a), is distinct from a murder charge because the crime lacks the malice aforethought requirement of murder. Manslaughter can either be voluntary or involuntary. A California manslaughter lawyer will explain to you that, unlike voluntary manslaughter, involuntary manslaughter involves an unintentional death.

Elements of Voluntary Manslaughter

The prosecution must prove all elements of the charge of voluntary manslaughter for you to be convicted of the crime. Voluntary manslaughter is defined as the intentional killing of another person or acting with a conscious disregard for human life. In manslaughter, the killing occurs in the heat of passion or because of a quarrel. A California manslaughter lawyer will explain to you that this means you were provoked by the victim, and as a result you acted rashly because of the intense emotions you experienced. In other words, you acted in the heat of passion, and not rationally. However, if you acted without intent or you had an excuse for killing another individual, the prosecution may not be able to satisfy its burden.

Defenses

If you acted in self-defense, you may be able to successfully assert this defense during your trial. For example, if you were attacked by a group of people that possessed a variety of dangerous weapons, and you acted in order to protect yourself, you may have acted in legally justified self-defense. In this instance, a California manslaughter lawyer may recommend stating this defense to the court. If successful, this defense may excuse your conduct.

Penalties

If you are convicted of voluntary manslaughter, you face up to 11 years in prison. In addition, the court can assess a fine of up to $10,000. Depending on the circumstances of your case, the court may require that you perform community service and attend counseling sessions to address any anger issues you may possess.

Many manslaughter charges are a result of a lawyer successfully negotiating with the prosecution to reduce a murder charge because of the lack of malice aforethought. Therefore, retaining an experienced California manslaughter lawyer like Daniel Cota can have a large impact on the criminal charge you may face. Daniel offers a free consultation to discuss your case. You can set up your free appointment by calling (800) 351-6860. Do not delay in contacting Daniel Cota today.