While many see all acts of homicide as the same morally, this is not the case in the eyes of the law. California, like all states, penalizes homicide offenses based on the circumstances of the crime. As such, it’s critical to understand what constitutes a manslaughter offense and the penalties you can expect if you are charged with and convicted of this crime. The following blog explores what you should know about these matters, including the importance of working with a Contra Costa County violent crime lawyer to help you fight for the best possible outcome if you’ve been charged with this serious offense.
Are Manslaughter and Murder Different?
As mentioned, there are different forms of homicide you can be charged with in California. In general, there are typically two charges you can face: murder or manslaughter. It’s critical to understand that the primary difference between murder and manslaughter is malice aforethought. This means if you commit homicide with the intent and plan to do so, it constitutes a murder offense.
As such, manslaughter in California occurs without premeditation. There are two forms of manslaughter for which you can be charged: voluntary or involuntary. Voluntary manslaughter is often the charge in “heat of passion” killings, in which you intend to take the life of another but only after being overcome with emotions. Most commonly, this is rage, such as finding your partner in bed with another person, but it can also be charged if you have a strongly held but unreasonable belief that your life was in danger and used excessive force in the name of self-defense.
Involuntary manslaughter, on the other hand, is charged when you are engaged in the commission of a crime or other negligent, reckless behavior, and your actions lead to the unintentional death of another person. As such, this involves criminal negligence.
What Penalties Can I Face if Convicted?
While not as severe as a murder charge, manslaughter still carries hefty penalties that can impact your life for years to come. Under California law, voluntary manslaughter is considered a felony offense that carries up to three, six, or eleven years in state prison. Involuntary manslaughter is also charged as a felony, warranting between two to four years in jail and a fine of up to $10,000.
Unfortunately, many fail to understand the severity of these charges, which can lead to a long jail sentence and the complete disruption of your life. As such it is imperative to connect with an experienced attorney with O’Connor Law, APC to help guide you through these complicated legal matters. Our firm will examine your circumstances to help you fight for the best possible outcome for your unique situation. Contact us today to discuss your legal options with a member of our dedicated legal team.
