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3 Types of Manslaughter
Manslaughter is a serious crime, almost as serious as homicide, and it can carry severe punishments and serious charges with it. That’s why you should work fast and secure an experienced lawyer for criminal defense in San Diego as soon as you’re falsely accused of manslaughter. However, you should also try to do your part and gain some knowledge about the three different types of manslaughter charges in California.
What are the three types of manslaughter?
Under Penal Code 192 PC, the state of California defines manslaughter as an unlawful killing of another human being without an intent of malice. However, this definition of manslaughter doesn’t translate equally into different types of cases for manslaughter.
In fact, California recognizes three distinct types of manslaughter depending on the circumstances of the case – voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter. The details of your case affect the manslaughter you’ll face, which is why it’s important to know more about the three main categories in California:
This type of manslaughter refers to the completely intentional killing of another human being that isn’t motivated by one’s own malice. This means that an individual can be charged with manslaughter, and not homicide, if they end another person’s life in the heat of the moment or in a fight.
Perhaps the most common example of voluntary manslaughter is during the heat of passion which can stem from various circumstances. This can happen during a heated argument between spouses, friends, or acquaintances. The term “heat of passion” refers to an uncontrollable emotion that any individual may experience in a similar situation.
Involuntary manslaughter is a type of manslaughter that refers to the act of a person acting carelessly or recklessly, leading to another person’s death as a result. This means that the person had no explicit intent to harm another human being. Some of the common examples of involuntary manslaughter are:
- Accidental firearm discharging
- Improper medication prescription
- Unlicensed practice of medicine
- Forcing workforce to operate during extreme weather
- Failing to control an aggressive dog
- During a non-dangerous offense
- Performing a duty with criminal negligence
The state of California recognizes vehicular manslaughter as the act of performing an offense that is not a felony but which ends in a fatal automotive accident resulting in another human being’s death. Some of the common examples of vehicular manslaughter include:
- Texting in your vehicle while driving
- Driving while under the influence
- Driving while sleepy and falling asleep
Both voluntary and involuntary manslaughter are felonies, while vehicular manslaughter is a wobbler. Depending on the circumstances, it can be both a felony and a misdemeanor. If a defendant receives the charge of basic negligence, the vehicular manslaughter will probably be a misdemeanor. On the other hand, if a defendant receives the charge of severe negligence, vehicular manslaughter becomes a felony.
Who is the leading lawyer for manslaughter criminal defense in San Diego & the area?
It’s important to do everything you can to fight false criminal charges made against you. This means learning all you can about the different types of murder charges and the most frequent defense strategies for them. However, you should also get to know the details about the potential punishments and defense strategies for manslaughter. Once you learn all you can, it’s time to secure adequate legal representation for your case.
And you can’t do better than Vik Monder and his Monder Criminal Lawyer Group. He is one of the most successful criminal defense attorneys in San Diego and across the region. He has the expertise and the experience to aptly handle your case and secure a favorable outcome. We offer a free consultation. Our offices are conveniently located near Horton Plaza Park. Reach out to us today!