VOLUNTARY MANSLAUGHER

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

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—

(1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.

(2) Driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.

(3) Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This paragraph does not prevent prosecution of a defendant for the crime of murder.

(d) This section shall not be construed as making any homicide in the driving of a vehicle punishable that is not a proximate result of the commission of an unlawful act, not amounting to a felony, or of the commission of a lawful act which might produce death, in an unlawful manner.

(e) “Gross negligence,” as used in this section, does not prohibit or preclude a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice, consistent with the holding of the California Supreme Court in People v. Watson (1981) 30 Cal.3d 290.

(f) (1) For purposes of determining sudden quarrel or heat of passion pursuant to subdivision (a), the provocation was not objectively reasonable if it resulted from the discovery of, knowledge about, or potential disclosure of the victim’s actual or perceived gender, gender identity, gender expression, or sexual orientation, including under circumstances in which the victim made an unwanted nonforcible romantic or sexual advance towards the defendant, or if the defendant and victim dated or had a romantic or sexual relationship. Nothing in this section shall preclude the jury from considering all relevant facts to determine whether the defendant was in fact provoked for purposes of establishing subjective provocation.

(2) For purposes of this subdivision, “gender” includes a person’s gender identity and gender-related appearance and behavior regardless of whether that appearance or behavior is associated with the person’s gender as determined at birth.

(Amended by Stats. 2014, Ch. 684, Sec. 1. (AB 2501) Effective January 1, 2015.)