Manslaughter (Voluntary & Involuntary)

Law Office of Wais Azami will fight against the very serious charges of voluntary or involuntary manslaughter for you. We are understanding, compassionate and aggressive. Wais Azami is an experienced OC criminal lawyer.

The difference between each charge and their penalties are explained below.

Voluntary Manslaughter

In Penal Code 192 PC, California law defines voluntary manslaughter as the unlawful killing of a human being that occurs:

• during a sudden quarrel/argument
• in the heat of passion, or
• (Imperfect self-defense) based on an honest but unreasonable belief in the need to defend oneself

Voluntary manslaughter is a lesser included offense to murder but it’s rarely charged as such. Prosecutors will likely file murder charges knowing a defense attorney will try to negotiate the murder charged down to voluntary manslaughter based on mitigating circumstances. If case goes to trial, a jury may also be given instructions to look into “lesser included offenses” to murder, such as voluntary manslaughter.

Penalties

• Probation with up to one year in county jail to 3, 6 or 11 years in state prison
• Loss of firearm(s)
• Immigration consequences
• Loss of government assistance programs

Involuntary Manslaughter

Penal Code 192(b) defines involuntary manslaughter as unlawfully causing the death of another person by acting with criminal negligence. The key difference from the above is that it does not require intent to kill—it’s merely accidental or from carelessness.

Penalties

• 2, 3, or 4 years in state prison
• Fine up to $10,000
• Loss of firearm(s)
• Immigration consequences
• Loss of government assistance programs

Defenses

• You acted in Self-Defense
• You acted in defense of others
• The killing was an accident (and not a result of your criminal activity or negligence)
• There is not enough evidence to support your conviction, and
• You were falsely accused

California Penal Code 192

Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:

(a) Voluntary—upon a sudden quarrel or heat of passion.

(b) Involuntary—in the commission of an unlawful act, not amounting to a felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.

(c) Vehicular–caused by either gross negligence or non-gross negligence.

Have You or Someone You Know Been Accused of Manslaughter?

Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a free consultation with our manslaughter lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated. If needed, we’ll take it trial as well.