Manslaughter is a homicide that is a lesser charge to that of murder but still a very serious crime that has serious consequences. It is defined by the California penal as the unlawful killing of a human being without malice or the request intent needed for murder.
Manslaughter Is The Unlawful Killing Of A Human Being Without Malice. Malice is a mental state that is required to commit murder it is generally defined as:
(A) The intent to kill another person,
(B) Intent to cause serious bodily harm to another person,
(C) Intent to commit a serious crime such as a felony; and
(D) Intent to commit an imminently dangerous act without regard for the safety and security of others.
This is a very important factor that is the difference between prosecutors charging a person with manslaughter or murder.
In a manslaughter case a criminal lawyer for the defendant may show any evidence that raises a reasonable doubt as to whether his client is guilty or try to prove to the jury that a lesser included offense other than manslaughter may have been committed.
In some cases intoxication may be shown to prove that a person did not have the state of mind required to constitute malice. Other factors that can play into this crucial factor are mental disease, defect, or mental disorder and can be used to reduce the offense to involuntary manslaughter.
There are three types of manslaughter that can be charged in California, they are:
(A) Voluntary manslaughter;
(B) Involuntary manslaughter; and
Each type is discussed below to give you an overview of each type of charge. However, only a criminal defense who is familiar with the facts of a particular case can advise you completely.
If you or someone you love is being charged with Manslaughter in Los Angeles or any of the surrounding areas, you will need a qualified and experienced criminal defense lawyer who will fight zealously for your rights and your freedom.
Contact the Sigal Law Group today for a free consultation and find out what your rights and defenses you or your loved one may have in court. The first consultation is free.
This is most commonly thought of as a heat of passion crime but it can encompass many other things. A person charged with voluntary manslaughter may face serious punishment in court and will be best served by contacting a criminal defense lawyer as soon as possible.
When a person kills another person either intentionally or with conscious disregard for the safety of others, but does so as a result of a sudden argument, in the heat of passion or by using too much force in defending either himself or others around him or her that is considered voluntary manslaughter.
When a person kills another person without malice but does so in the course of committing an unlawful that is not a felony or a lawful act with a high enough degree of negligence that it can be considered criminal negligence it is involuntary manslaughter.
Involuntary manslaughter is punishable by imprisonment for two, three, or four years. As with voluntary manslaughter these types of sentences are not absolute and there are often many different and creative ways that a person can avoid serving prison time for involuntary manslaughter.
The best thing you can do for yourself or your loved one facing manslaughter charges in California is to contact an experienced criminal defense lawyer today. Contact the Sigal Law Group for a free consultation and one of our experienced attorneys will be happy to speak with you.
The third type of manslaughter that a person may be charged with in California is vehicular manslaughter. This is generally the killing of a person by another with the use of a car or other vehicle.
These are very serious crimes in California and only a qualified criminal defense lawyer will be able to help you or your loved one accused of a crime.
There are types of incidents and types of vehicular manslaughter they are discussed in detail in the vehicular manslaughter section of this website. You can also contact our offices today for a free initial consultation with one of our Los Angeles manslaughter lawyers.