As per the state of California’s Penal Code 192(a), involuntary manslaughter is a crime in which one person kills another in specific situations. In order for someone to be charged with this serious crime, the killing of the other person must have occurred in the heat of passion, during a sudden argument or based on the unreasonable yet honest feeling of needing to defend oneself.
Generally speaking, voluntary manslaughter, although a serious offense, is considered less serious than murder. At the same time, prosecutors rarely file charges of voluntary manslaughter as an original charge against a person who has killed another individual. Usually, the crime will emerge during a traditional murder case, when the defendant admits to having killed another person but is looking to have the charges against them reduced from murder to manslaughter.
In some cases, the prosecutor may be willing to hear a plea bargain in which the individual accused of murder pleads guilty to manslaughter so that they can receive a lesser charge and conviction with the murder charge being dismissed. Sometimes, a jury in a murder trial may find the person guilty of manslaughter instead of the more serious charge of murder.
As per California law, voluntary manslaughter is considered a felony that includes serious penalties. Usually, when a person is convicted of the crime, they can receive the following with their sentence:
- Probation
- A maximum of one year in the county jail
- Three, six or 11 years served in state prison
In comparison to these penalties, the penalties that come with a murder conviction generally include a prison sentence of 15 years to life, or, if the individual is convicted of murder in the first degree, 25 years to life.
What is the Legal Definition of Voluntary Manslaughter in California?
In the state of California, there are two general principles that make up the legal definition of the crime of voluntary manslaughter. They are as follows:
- The defendant has intentionally killed another person and did not have a legal reason to do so
- The defendant acted without any regard for human life
Violating the murder laws in California can see a person being charged and possibly convicted of voluntary manslaughter. However, there is a difference in what the person can be convicted of if they acted with what is known as “malice afterthought.” Malice afterthought is something that is in place when a person kills another with the intention of doing so and has no regard for human life. Generally, this applies when someone thinks beforehand of killing another person. If the killing occurs during the heat of passion, the state does not consider it an act of malice, which is why certain people who kill are charged with and convicted of voluntary manslaughter instead of murder.
