Involuntary manslaughter is a serious criminal charge that can have a significant impact on a person’s life. If you or someone you love has been accused of or charged with involuntary manslaughter, it is crucial to understand the law, its nuances and the potential defenses that can be mounted in court.

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What is manslaughter?

Manslaughter is the unlawful killing of a human being without malice aforethought, which is when a person acts with the deliberate and premeditated intent to cause harm or death to another person. In essence, malice aforethought implies that the perpetrator consciously considered and planned to commit the harmful act, rather than acting impulsively or accidentally.

California law divides manslaughter into three main categories: voluntary manslaughter, involuntary manslaughter and vehicular manslaughter.

What is involuntary manslaughter?

Under California Penal Code 192b, involuntary manslaughter is defined as an unintentional killing of a human being through acts committed without malice aforethought and without the intent to kill. Involuntary manslaughter occurs when someone causes the death of another person through negligence or a lawful act, which involves a high risk of death or great bodily harm, without due caution or circumspection.

The elements of involuntary manslaughter

To convict someone of involuntary manslaughter under Penal Code 192b PC, the prosecution must prove the following elements beyond a reasonable doubt:

The defendant committed an act that caused the death of another person. The prosecution must establish that the defendant’s actions directly and substantially led to the victim’s death.
The act was committed either with criminal negligence or during the commission of an unlawful act (not amounting to a felony) or a lawful act that might produce death, performed in an unlawful manner or without due caution and circumspection. This element focuses on the defendant’s state of mind and the nature of the act that caused the death. The defendant must have acted with criminal negligence, which means that their conduct was a gross departure from how a reasonable person would have acted in the same situation, demonstrating a disregard for human life or indifference to the consequences of their actions. Alternatively, the defendant might have been engaged in an unlawful act (a misdemeanor or infraction) or a lawful act performed in an unlawful manner that posed a high risk of death or great bodily harm.
The defendant did not act with malice aforethought. To differentiate involuntary manslaughter from murder, the prosecution must show that the defendant did not have the intent to kill or cause serious bodily harm to the victim. This means that the defendant’s actions were not premeditated or deliberate but were instead negligent, reckless, or performed without due caution.
The defendant’s actions were not committed in self-defense, defense of others or under any other justifiable circumstances. The prosecution must prove that the defendant was not acting in self-defense, defending someone else, or under any other lawful circumstances that might justify their actions.

To secure a conviction for involuntary manslaughter under Penal Code 192b PC, the prosecution must prove all of these elements beyond a reasonable doubt. If the defense can raise reasonable doubt about any of these elements, the defendant may be acquitted or face lesser charges.

What’s the difference between voluntary and involuntary manslaughter?

The main differences between involuntary and voluntary manslaughter are the intent and circumstances of the killing.

Voluntary manslaughter occurs when a person intentionally kills another without malice aforethought, often due to a sudden quarrel or in the heat of passion. In these cases, the perpetrator did not plan to kill the victim but acted on impulse or out of intense emotions.

Involuntary manslaughter, on the other hand, involves no intent to kill. Instead, the death results from the perpetrator’s negligent or reckless actions, or from a lawful act performed in an unlawful manner.

Common types of involuntary manslaughter

Reckless homicide

So-called reckless homicide is a type of involuntary manslaughter that occurs when someone’s reckless behavior results in the death of another person. Recklessness involves a conscious disregard for the safety of others or an extreme indifference to the possibility that their actions might result in great bodily injury or death.

Additionally, if someone’s actions during the commission of a felony lead to another person’s death, they can be charged with first-degree murder under the Felony Murder Rule.

Example: A person fires a gun into the air during a New Year’s Eve celebration, and the bullet strikes and kills someone several blocks away. The shooter had no intent to kill anyone but acted recklessly, disregarding the potential harm their actions could cause.

Negligent homicide

Negligent homicide typically doesn’t involve any criminal intent at all. Instead, it is a form of involuntary manslaughter that occurs when a person’s negligence, or failure to exercise reasonable care, results in the death of another person. Unlike recklessness, negligence does not involve a conscious disregard for the safety of others but rather a failure to meet a legal duty of care.

The key aspect of criminal liability for negligence is that the person’s conduct demonstrates a disregard for the foreseeable consequences of their actions, displaying a lack of concern for the safety and well-being of others.

To find someone criminally negligent, the prosecution must prove the following elements:

Duty – The defendant had a legal duty to exercise a certain level of care in a given situation, such as driving safely or providing proper care to a dependent.
Breach – The defendant failed to fulfill that duty by acting in a careless or reckless manner.
Causation – The defendant’s breach of duty directly caused or substantially contributed to the harm or potential harm experienced by others.
Gross deviation – The defendant’s conduct represented a gross deviation from the standard of care that a reasonable person would have exercised in the same situation, displaying a disregard for the foreseeable consequences of their actions.

Example: A construction site manager fails to secure a heavy load properly, and it falls, killing a worker. The manager did not intend to harm anyone but was negligent in fulfilling their duty to maintain a safe working environment.

Vehicular Manslaughter

Vehicular manslaughter is a specific type of involuntary manslaughter that involves the unlawful killing of a human being as a result of driving a vehicle in a negligent or reckless manner.

Example: A driver, who is texting while driving, runs a red light and strikes a pedestrian, causing their death. The driver did not intend to kill the pedestrian, but their negligent actions while operating a vehicle resulted in the death.

In California, these charges are categorized based on the degree of negligence or recklessness and the presence of intoxication. The three main types of vehicular manslaughter are gross vehicular manslaughter while intoxicated, vehicular manslaughter while intoxicated and vehicular manslaughter with ordinary negligence.

Gross Vehicular Manslaughter While Intoxicated (Penal Code 191.5(a) PC)

Gross vehicular manslaughter while intoxicated occurs when a person, under the influence of alcohol or drugs, drives a vehicle with gross negligence and causes the death of another person. Gross negligence, which is also sometimes called “criminal negligence,” involves more than ordinary carelessness or a simple mistake in judgment; it refers to actions that demonstrate a reckless disregard for human life or an extreme indifference to the consequences of one’s actions.

To convict someone, the prosecution must prove beyond a reasonable doubt:

The defendant was driving under the influence of alcohol or drugs.
The defendant committed an additional illegal act or neglected a legal duty while driving.
The defendant acted with gross negligence (criminal negligence).
The defendant’s actions caused the death of another person

Vehicular Manslaughter While Intoxicated (Penal Code 191.5(b) PC)

Vehicular manslaughter while intoxicated is a lesser charge compared to gross vehicular manslaughter while intoxicated. It occurs when a person, under the influence of alcohol or drugs, drives a vehicle with ordinary negligence and causes the death of another person. Ordinary negligence refers to a defendant’s failure to exercise reasonable care or the level of caution that a reasonable person would have used in the same situation.

To convict someone, the prosecution must prove beyond a reasonable doubt:

The defendant was driving under the influence of alcohol or drugs.
The defendant committed an additional illegal act or neglected a legal duty while driving.
The defendant acted with ordinary negligence.
The defendant’s actions caused the death of another person.

Vehicular Manslaughter with Ordinary Negligence (Penal Code 192(c) PC)

Vehicular manslaughter with ordinary negligence occurs when a person, not under the influence of alcohol or drugs, drives a vehicle with ordinary negligence and causes the death of another person. As previously mentioned, ordinary negligence is a failure to exercise reasonable care or the level of caution that a reasonable person would have used in the same situation.

To convict someone, the prosecution must prove beyond a reasonable doubt:

The defendant was driving a vehicle.
The defendant committed an additional illegal act or neglected a legal duty while driving.
The defendant acted with ordinary negligence.
The defendant’s actions caused the death of another person.

Each of these vehicular manslaughter charges carries different penalties based on the specific circumstances of the case and the defendant’s prior convictions.

Examples of involuntary manslaughter

As you might imagine, involuntary manslaughter charges could apply in a broad range of situations. We’ll break down some examples below.

A doctor prescribes a lethal dose of medication to a patient due to a calculation error. The doctor did not intend to harm the patient, but their negligence caused the death.
A store owner fails to repair a broken handrail, resulting in a customer falling down the stairs and dying from their injuries. The store owner’s negligence in maintaining a safe environment for customers led to the death.
A person who is playing with a loaded gun unintentionally discharges the weapon, killing a nearby individual. The shooter did not mean to kill the person, but their reckless handling of a dangerous object caused the death.

Penalties for involuntary manslaughter

Under Penal Code Section 192 b, involuntary manslaughter is a felony offense. The penalties for committing involuntary manslaughter can include:

Up to four years in state prison (2, 3 or 4).
Fines up to $10,000.
The court may order the defendant to pay restitution to the victim’s family to compensate for economic losses, such as funeral expenses and lost wages.
Loss of professional licenses. In some cases, individuals convicted of involuntary manslaughter may lose professional licenses or certifications, such as medical or nursing licenses.

It is important to note that the penalties for involuntary manslaughter may differ depending on the degree of the charge and the specific circumstances of the case.

Defenses against involuntary manslaughter

A skilled criminal defense attorney can employ several strategies to defend against involuntary manslaughter charges. Some common legal defenses include:

It was an honest accident. If the defendant can demonstrate that the death was the result of a lawful act performed without negligence or recklessness, they may argue that the incident was an accident and not a crime.
Insufficient evidence. The defense may argue that the prosecution has not presented enough evidence to prove beyond a reasonable doubt that the defendant’s actions caused the victim’s death or that their actions were negligent or reckless.
Self-defense or defense of others. If the defendant’s actions resulted in the death while they were reasonably defending themselves or another person from imminent harm, this defense may be applicable.
Mistaken identity. The defense may argue that the defendant was not the person responsible for the victim’s death, and the charges are based on mistaken identity.
False accusations. In some cases, the defense may contend that the charges are based on false accusations or fabricated evidence.

Get legal help today

Understanding the complexities of involuntary manslaughter in California is essential for anyone facing such charges or supporting a loved one through the process.

If you or someone you know is facing involuntary manslaughter charges, it is crucial to seek the advice and representation of an experienced criminal defense attorney. With their knowledge and expertise, they can provide the best possible defense and guide you through the challenging legal process ahead.

With more than 40 years experience defending the Los Angeles area, Robert M. Helfend is an aggressive lawyer who can help with your involuntary manslaughter case. Call today for a free case evaluation – 800-834-6434.