Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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Examples of involuntary manslaughter are killing someone else by improperly prescribing drugs or unlawfully practicing medicine, accidentally discharging a firearm, forcing workers to work outside in extreme heat, not controlling a dog with a history of attacking people, performing a legal duty with criminal negligence, or an incident of vehicular manslaughter.
Involuntary manslaughter is almost always a felony.
10 examples of involuntary manslaughter are unintentionally killing someone else:
A criminal defense attorney from a reputable law firm can help people who have been accused of any of these types of involuntary manslaughter.
Generally, involuntary manslaughter is the crime of unintentionally killing another human being. However, criminal laws in different jurisdictions may use slightly different definitions of the offense. Some may use different terms, like negligent homicide, for similar conduct. Many states recognize a separate offense for vehicular manslaughter.
Most state laws that deal with involuntary manslaughter are similar to California’s. In California, prosecutors have to show that:
In Colorado, though, there is only the crime of manslaughter.2 It involves reckless behavior that causes the death of another person. Killing a human life with criminal negligence is a different crime in that state.3
Some other states, like New York, divide manslaughter into degrees, rather than voluntariness. There, first degree manslaughter is usually when the defendant:
However, it is second degree manslaughter when the defendant:
California, Colorado, and New York have separate crimes for unintentional killings that involve motor vehicles, or vehicular manslaughter.6 Also known as vehicular homicide, this covers unintentional deaths that stem from car accidents that come from reckless or impaired driving.
Involuntarily manslaughter is generally a felony offense. All felonies carry over a year of prison time. Involuntary manslaughter generally carries at least 2 years in prison. The prison term will depend on the state, the type of manslaughter, and whether there were any aggravating or mitigating circumstances. However, it is rare for involuntary manslaughter charges to be misdemeanors.
In California, for example, the penalties for involuntary manslaughter are:
In Colorado, the penalties for these criminal charges are similar:
However, in New York, manslaughter is treated as a more serious crime. The sentencing range is far wider. Second degree manslaughter, which involves reckless conduct, carries anywhere between 3.5 to 15 years in prison.9 First degree manslaughter carries between 5 and 25 years.10
In addition to these penalties, defendants may have to deal with:
Defendants convicted for involuntary manslaughter often face civil liability, as well. Family members of the victim will often file a wrongful death claim against the defendant.
Involuntary manslaughter is generally different from voluntary manslaughter in that the killing was unintentional. An involuntary manslaughter accidentally causes the victim’s death. A voluntary manslaughter was an intentional killing, though it was not premeditated. Premeditation or malice aforethought would make the killing a murder.
The prior intent that makes a manslaughter a voluntary one can form in an instant. That is why voluntary manslaughter is often called a “heat of passion killing.”
During a domestic violence dispute with Nick, Mary pulls out a gun and brandishes it. She does not meant to shoot it, but she accidentally pulls the trigger. This would likely be involuntary manslaughter.
The domestic dispute between Nick and Mary gets violent when Nick pushes her. Mary opens a drawer, pulls out the gun, and shoots him. This would likely be an example of voluntary manslaughter.
Because one involves intent and the other does not, self-defense is often not an available legal defense in involuntary manslaughter cases. The killing in these cases was unintentional. Self-defense is an intentional reaction to a real or perceived threat. However, a criminal defense lawyer can raise other defenses to a charge of involuntary manslaughter.
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.