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Manslaughter: Potential Punishments & Defense Strategies
Facing false charges for manslaughter is extremely stressful and it can severely impact your life. In fact, manslaughter is one of the most serious offenses you can be tried for. The first course of action should always be to hire the best possible criminal defense lawyer in San Diego, CA to help you prove your innocence. However, you should also become familiar with the most common punishments and defense strategies for manslaughter.
What are the punishments for manslaughter?
Not all manslaughter cases are the same. Depending on your type of manslaughter charge, there are different types of potential punishments you can expect. Here are the most common punishments across the three main types of charges for manslaughter in the state of California:
- Punishments for voluntary manslaughter: The state of California defines all voluntary manslaughter cases as felonies that can result in the following punishments:
- 3, 6, or 11 years in state prison
- Up to $10,000 in fines
- Strike on your record and increased penalties in case of previous strikes
- Community service
- Loss of right on firearms
- Punishments for involuntary manslaughter: California recognizes involuntary manslaughter as a felony. The potential punishments for this type of criminal offense include:
- Two, three, or four years in prison
- Fine in the amount of a maximum of ten thousand dollars
- Punishments for vehicular manslaughter: The penalties for vehicular manslaughter in the state of California depend on whether an individual acted with ordinary negligence or gross negligence.
- If a person acted with gross negligence, the offense is a wobbler and can be tried as both a felony and a misdemeanor. In the case of a misdemeanor, the maximum sentence is a year in prison. If the case is a felony, the maximum sentence is six years in prison.
- On the other hand, if a person acted with ordinary negligence, the offense is always a misdemeanor that can result in a single year in prison.
What are the common defenses for manslaughter?
Knowing the potential punishments is only one aspect of preparing for your case. Additionally, you should also learn more about the most common defense strategies you can implement for your case:
- Regular and imperfect self-defense: The law in California recognizes homicide during self-defense in case the defendant reasonably believed their life was in danger. Imperfect self-defense refers to the act of self-defense during which the force used to protect oneself from impending danger was above reasonable.
- Accidental homicide: This type of defense is possible in manslaughter cases if an individual died due to an accident and the following three criteria stand:
- The individual acted lawfully
- The individual wasn’t negligent
- The individual had no intention to harm another person
- Improper investigation and lack of evidence: There are numerous manslaughter cases that feature a severe lack of evidence against the defendant. Also, these cases can also suffer from improper investigation, which can also be a strong defense strategy.
Who is the best criminal defense lawyer for manslaughter charges in San Diego?
Manslaughter is only one of the most serious criminal offenses you can be improperly charged with. That’s why you have to prepare yourself if you’re facing wrongful charges. First, see what the different types of murder charges are and how you can defend yourself against such accusations. Then, get familiar with the different charges in manslaughter cases and what you can do if it comes to that. Most importantly, find a good lawyer for your case.
Luckily, Vik Monder of Monder Criminal Lawyer Group is always at your side. Vik Monders has many years of experience successfully handling various types of manslaughter cases. He and his team will do everything in their power to secure a favorable sentence. Our offices are near Balboa Theatre, so feel free to come in for a free consultation and tell us what kind of problems you’re facing. Everything else is up to us.