Manslaughter

Law Offices of Ahren A. Tiller

Available 24 Hours a Day, 7 Days a Week

San Diego City: 1-619-236-3408

North County: 1-760-520-3725

Possible Penalty - Probation, or from 16 months up to 11 years in prison
Manslaughter is a very serious crime to be charged with, and by its nature it often involves an accidental death. These cases often involve excessive emotional factors which can cloud the legal issues. In order to avoid a lengthy prison term, attorneys often need to do a large amount of work to uncover all the facts involved and present the defendant's side of the case.

California Penal Code Section 192:(Manslaughter)

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 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 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 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 provision shall not be construed to prevent prosecution of a defendant for the crime of murder.

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 felony, or of the commission of a lawful act which might produce death, in an unlawful manner.

"Gross negligence," as used in this section, shall not be construed as prohibiting or precluding 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, 30 Cal. 3d 290.

California Penal Code Section 193:(Punishment for manslaughter)

(a) Voluntary manslaughter is punishable by imprisonment in the state prison for 3, 6, or 11 years.

(b) Involuntary manslaughter is punishable by imprisonment in the state prison for two, three, or four years.

(c) Vehicular manslaughter is punishable as follows:

(1) A violation of paragraph (1) of subdivision (c) of Section 192 is punishable either by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for two, four, or six years.

(2) A violation of paragraph (2) of subdivision (c) of Section 192 is punishable by imprisonment in the county jail for not more than one year.

(3) A violation of paragraph (3) of subdivision (c) of Section 192 is punishable by imprisonment in the state prison for 4, 6, or 10 years.

Available 24 Hours A Day, 7 Days A Week

San Diego City: 1-619-236-3408

North County : 1-760-520-3725

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Disclaimer: The information on this website in regards to DUI, DWI, DMV, criminal defense, drug, juvenile, probation, assault, robbery, grand theft, murder, manslaughter, federal and or any other criminal defense related topics should NOT be taken as formal legal advice or the exact advice of Ahren A. Tiller. For professional legal advice please contact lawyer Ahren A. Tiller and set up a free consultation. San Diego Office: 1-619-236-3408 or North County: 1-760-520-3725.

San Diego

1-619-236-3408

Law Offices of

Ahren A. Tiller

North County

1-760-520-3725