What’s the Difference Between Voluntary and Involuntary Manslaughter?
Manslaughter is a serious crime that can result in severe consequences for the accused. In the state of California, manslaughter is divided into two categories: voluntary manslaughter and involuntary manslaughter. While both involve the taking of a human life, there are important differences between the two that can significantly impact the outcome of a criminal case.
Voluntary Manslaughter
Voluntary manslaughter occurs when an individual kills another person without premeditation or intent to kill, but with the intent to cause serious bodily harm or as a result of a sudden and intense passion. This type of manslaughter usually involves a situation where the offender acts in the “heat of passion,” with no time to plan or think through their actions.
The most common example of voluntary manslaughter is a killing that occurs during a fight or argument, where the killer did not have the premeditated intent to kill the victim. A classic example of voluntary manslaughter is a husband who comes home to find his wife in bed with another man and then kills the other man in the heat of the moment.
To be convicted of voluntary manslaughter, the prosecution must prove that the defendant acted intentionally and unlawfully, with the intent to cause harm. The prosecution must also show that the defendant did not act in self-defense or in defense of others. Furthermore, if the defendant was provoked, the provocation must not have been serious enough to warrant the deadly response.
In California, voluntary manslaughter is considered a serious crime and carries a penalty of three, six, or eleven years in state prison.
Involuntary Manslaughter
Involuntary manslaughter is a less severe charge compared to voluntary manslaughter. It occurs when an individual kills another person unintentionally, either as a result of criminal negligence or during the commission of an unlawful act that is not inherently dangerous.
To be convicted of involuntary manslaughter, the prosecution must show that the defendant acted with criminal negligence, meaning that they failed to exercise reasonable care or caution when carrying out a particular act.
An example of involuntary manslaughter would be if someone was driving under the influence of alcohol and caused an accident that resulted in the death of another person. The person did not have the intent to kill anyone, but their reckless behavior resulted in the death of another person. Similarly, if a person leaves a loaded gun within the reach of a child who accidentally shoots and kills someone, they could be charged with involuntary manslaughter.
Involuntary manslaughter in California is typically charged as a felony and carries a penalty of two, three, or four years in state prison.
Conclusion
In summary, voluntary manslaughter occurs when someone kills another person in the heat of passion, without premeditation or intent to kill. Involuntary manslaughter, on the other hand, occurs when someone kills another person without malice aforethought, but with criminal negligence or during the commission of an unlawful act.
Both are serious crimes with significant consequences. If you are facing manslaughter charges in California, it is important to act quickly to protect your rights and defend yourself against the allegations. At Grace Legal Group, we understand how stressful and overwhelming the criminal justice system can be, and we are here to help. Our experienced criminal defense attorneys are committed to providing aggressive and effective representation to our clients.
Consult us
We have a proven track record of success in defending clients against a wide range of criminal charges. Don’t hesitate to contact us for a consultation at (818) 650-1744 or by email at info@gracelegalgroup.com. We will work tirelessly to protect your rights and achieve the best possible outcome in your case.