“Accidental Homicide” in California – What is it and is it a crime?

Accidental homicide is when you kill someone in the course of a lawful act that is done with a reasonable belief that no harm will take place. Accidental homicide is not a crime in California.

However, you could face involuntary manslaughter charges under California Penal Code 192(b) PC if you killed someone by accident while performing an unlawful or negligent act.

In this article, I discuss the most important things you need to know about California “accidental homicide” laws.

1. What is an accidental homicide?

You cause an “accidental death” if you take the life of another human being, and the death occurs in the commission of an act that is:

1. legal and
2. done with a reasonable belief that no harm will result.¹

Accidental homicide does not usually lead to criminal liability or criminal charges. California Penal Code 195 PC expressly says this:

Homicide is excusable … [w]hen committed by accident and misfortune, or in doing any other lawful act by lawful means, with usual and ordinary caution, and without any unlawful intent.²

Consider, for example, a real accidental death case in California: A mother left her children in her car during an appointment, and one child passed from heatstroke.

The defense argued that the incident was a tragic accident, and that the circumstances of the case did not amount to criminal negligence. The jury deadlocked on her involuntary manslaughter charge, allowing her to escape a conviction for now.³

2. Is it the same as involuntary manslaughter?

No, an accidental homicide is different. In California, “involuntary manslaughter” is an unintentional killing that takes place during either:

• the commission of an unlawful act that is short of an inherently dangerous felony or
• the commission of a lawful act performed without proper caution (with criminal negligence).⁴

Perhaps the most famous involuntary manslaughter case in California is that of Dr. Conrad Murray, who prescribed the pop legend Michael Jackson a surgical anesthetic that ultimately killed him. He certainly had no fatal intentions, but he should have known that prescribing Michael Jackson unsafe amounts of the drug would lead to death.

Involuntary manslaughter is a felony in California, carrying two, three, or four years in jail and a fine of up to $10,000. Involuntary manslaughter is also referred to as “negligent homicide.”

3. What is voluntary manslaughter?

Under California Penal Code 192(a) PC, voluntary manslaughter is the unlawful killing of a person that occurs either:

• during a sudden quarrel or in the “heat of passion” or
• based on a genuine but unreasonable belief in the need to defend yourself (“imperfect self-defense“).

The most classic example of voluntary manslaughter is an unwitting husband walking in on his wife cheating on him, and in a fit of rage the husband grabs the gun on his belt and shoots his wife and lover.

Voluntary manslaughter carries harsher penalties than involuntary manslaughter:

• 3, 6, or 11 years in California State Prison or
• probation with up to 1 year in county jail.⁵

4. How do I fight an accidental homicide charge?

If you are facing California homicide charges for an accidental killing, we would collect all the available evidence that indicates you acted with no criminal negligence. Common examples include:

• eyewitness accounts,
• video surveillance footage, and
• recorded communications.

If you killed in self-defense, you generally must show that:

1. you reasonably believed that you were in imminent danger of bodily harm,
2. force was necessary to stop the danger, and
3. you only used a degree of force that was reasonably necessary under the circumstances.⁶

Ultimately, the D.A. has the burden to prove your guilt beyond a reasonable doubt.

Additional Reading

For more in-depth information, refer to these scholarly articles:

• Unintentional Killings – Texas Tech Law Review article about current laws re. accidental homicides.
• Unintentional Homicide in the Commission of and Unlawful Act – University of Pennsylvania Law Review article about “felony murder” laws in the U.S.
• Defining Unintended Murder – Columbia Law Review article about what qualifies as unintentional homicide v. intentional homicide.
• Meaning and Motive in the Law of Homicide – Buffalo Criminal Law Review article about how “state of mind” factors into prosecuting homicide cases.