Manslaughter is a homicide committed without reason or justification but distinguished from murder by the absence of the element of malice aforethought. Malice is the intent, without just cause or reason, to commit a wrongful act that will result in harm to another. Today's criminal statutes typically divide manslaughter into degrees, with the most common distinction being between voluntary and involuntary manslaughter.

Voluntary Manslaughter - Is an intentional killing that occurred due to adequate provocation or a person's unreasonable attempt at self-defense. (Penal Code 192). Voluntary manslaughter is commonly defined as an intentional killing in which the offender had no prior intent to kill, such as a killing that occurs in the "heat of passion." The circumstances leading to the killing must be the kind that would cause a reasonable person to become emotionally or mentally disturbed; otherwise, the killing may be charged as a first-degree or second-degree murder.

Involuntary manslaughter usually refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act that is a misdemeanor or low-level felony (such as DUI). The usual distinction from voluntary manslaughter is that involuntary manslaughter (sometimes called "criminally negligent homicide") is a crime in which the victim's death is unintended. (Penal Code 192)

Vehicular Manslaughter - Is an unintentional killing that occurred during the commission of an unlawful act while driving a motor vehicle.

Potential Penalties according to the California state Penal Code.

If you have been arrested for any of the above charges it is imperative that you contact and experienced California defense attorney at the earliest time. Whatever the individual circumstances are surrounding your case, the bottom line is that you are facing serious charges that may have dire consequences. See Potential Penalties according to the California Penal Code.

If you have been arrested for manslaughter you need a legal team that can challenge the evidence against you and uncover possible mistakes made by police and prosecutors. Defenses for manslaughter may potentially include:

• Defense of others (loved ones)
• Insufficient evidence
• Factual innocence
• Self defense
• Insanity/Battered woman
• Other

If you have been charged with manslaughter, you need an experienced, knowledgeable, reliable defense - and you need it now! Contact our California attorneys today to begin a vigorous defense! Contact Us Online or Call Today! 1-800-221-7798

Related Criminal Law Topics
- Murder / Homicide
- Felonies
- Three Strikes Law

192. Manslaughter is the unlawful killing of a human being without malice. It is of three kinds: (a) Voluntary--upon a sudden quarrel or heat of passion. (b) Involuntary--in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle. (c) Vehicular-- (1) Except as provided in Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence. (2) Except as provided in paragraph (3), driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence. (3) Driving a vehicle in violation of Section 23140, 23152, or 23153 of the Vehicle Code and in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in violation of Section 23140, 23152, or 23153 of the Vehicle Code and in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence. (4) Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This provision shall not be construed to prevent prosecution of a defendant for the crime of murder. This section shall not be construed as making any homicide in the driving of a vehicle punishable which is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner. "Gross negligence," as used in this section, shall not be construed as prohibiting or precluding a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice, consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal. 3d 290.

Potential Penalties as set out by the California Penal Code

193. (a) Voluntary manslaughter is punishable by imprisonment in the state prison for three, six, or eleven years.

(b) Involuntary manslaughter is punishable by imprisonment in the state prison for two, three, or four years.