CALIFORNIA CRIMINAL LAWYERS

Los Angeles involuntary manslaughter

Defending Involuntary Manslaughter Charges in California: What You Need to Know

Involuntary manslaughter is a serious offense in the state of California that carries heavy consequences. Under California Penal Code section 192(b), a person is charged with involuntary manslaughter if they unlawfully kill somebody while committing a lawful act that wasn’t a felony, or a lawful act that might result in a death in a lawful manner, or without exercising due care and caution. The prosecution bears the burden of proving beyond a reasonable doubt that the defendant acted recklessly or negligently.

While intent to kill somebody isn’t necessary to prove involuntary manslaughter, the prosecution needs to establish that the defendant acted in a manner that was dangerously negligent or reckless. The crime doesn’t involve deaths that result from the operation of motor vehicles, which are typically charged under California’s vehicular manslaughter statute. Also, malice isn’t an element of the crime.

Involuntary manslaughter is a felony punishable by two to four years of incarceration, but not in a state prison. Recent legislation mandates that a person convicted of involuntary manslaughter serves their sentence in a county jail, with a possible addition of mandatory supervised release monitored by the probation officer. Additionally, the court can impose a monetary fine of up to $10,000. However, aside from these legal penalties, a civil judgement for wrongful death or negligence can be brought against the defendant, which could result in significant financial liability.

Defenses to Involuntary Manslaughter Charges

If you’re charged with involuntary manslaughter, it’s crucial to understand the available defenses to the charges that you’re facing. Here are some of the most common legal defenses that defendants use in involuntary manslaughter cases.

Self-defense or Defense of Others

If the defendant had a reasonable and good faith belief that they needed to protect themselves or someone else from imminent serious bodily harm or death, they can use the self-defense or defense of others defense. The defense is invalidated if the defendant used more force than necessary.

Accidents Happen

Accidents can happen without negligence or recklessness. If an accident occurs even when the person wasn’t negligent or reckless, and they had no reason to expect that the activity would result in harm to others, then they have not committed involuntary manslaughter. For example, if a person slides on an icy hill and accidentally hits a pedestrian, and the surrounding weather condition and the lack of control over the car contributed to that accident, then the argument cannot be blamed on the defendant’s negligence or recklessness.

Wrongful Accusation

In some instances, a person who has knowledge of the crime might falsely accuse someone else to cover up their tracks. Although it’s easy to point a finger, the prosecution still bears the burden of proving the person guilty beyond a reasonable doubt. In such cases where the prosecution has little or no evidence other than the testimony of the accuser, it is unlikely that it will result in a conviction.

Hiring a Defense Attorney

If you’ve been charged with involuntary manslaughter in Los Angeles, CA, your first step should be to contact an experienced defense attorney. Not only can prosecutors use evidence to their advantage, but they can also withhold evidence that may exonerate the defendant. With their expert knowledge of the law, a defense lawyer can help analyze the evidence and craft the strategy to achieve the most desirable outcome for the case at hand.

The process of defending involuntary manslaughter charges is critical for the accused. If convicted, not only is your reputation at stake, but your freedom and finances will also be in jeopardy. Immediately invoke your right to legal counsel and contact a dedicated defense lawyer to ensure that your rights are protected. Avoid speaking to authorities before speaking to an attorney. They will be there to guide you through the legal process and represent you in court.

To conclude, defending an involuntary manslaughter charge is complex and requires expert knowledge and strategy to secure the possible result.