Manslaughter

Manslaughter

Manslaughter is the unlawful killing of a person under situations that are not seen as serious as murder. Any person charged with manslaughter needs someone on their side to help them and to ensure their rights are protected before, during and after trial.

A person who is taken into police custody and facing a manslaughter charge should not try to explain the situation but should remain silent and refuse to answer police questioning without an attorney present. With our law firm, you can get peace of mind knowing that an experienced attorney is on your side and will be sure to protect your rights.

 

Voluntary Manslaughter


Voluntary manslaughter may be appropriate in circumstances where the victim played a role in the incident, provoking the defendant in some manner. If a defendant was trying to defend himself and his unreasonable actions took the life of another, voluntary manslaughter might apply. Under Penal Code 192(a), depending on the circumstances, the sentencing range for voluntary manslaughter is three, six or eleven years in state prison.

 

Involuntary Manslaughter


Under Penal Code 192(b), involuntary manslaughter – This charge is given when a person is killed while committing a misdemeanor crime or during reckless behavior which involves a high risk of death or great bodily harm. The punishment for this charge carries a term of two, three or four years in state prison.

 

Vehicular Manslaughter


Vehicular manslaughter under Penal Code 191.5 may be charged where a person is killed due to the defendant’s operation of a motor vehicle in an unsafe and unlawful manner. While vehicular manslaughter can be charged as a misdemeanor, depending on the case, it can be charged as a felony, with the maximum sentence being 15 years to life if the defendant has suffered a prior Penal Code 191.5 conviction.

 

Potential Defenses in Manslaughter Cases


A competent criminal defense lawyer will consider all possible defenses to a manslaughter charge, including: attempting to suppress evidence gained by illegal search and seizure; exclusion of confessions in violation of Miranda; accident; or self-defense/defense of others. An aggressive defense attorney will try and poke holes in the state’s case to show discrepancies in the effort to show the prosecution has failed to prove its murder case beyond a reasonable doubt.

When people are charged with any crime, they are under stress, both emotionally and financially. However, the stress can be alleviated just a bit with the help of a competent and experienced criminal defense attorney. An attorney will hear a client’s side of the case, look at the evidence and come up with a defense that will best assist their client.

Our Results Speak for Themselves

Client charged with possession for sales and gang enhancement. Client faced 16 years in prison with the gang and prior strike allegation. Client turned down 8 year pretrial offer with prior attorney before going to trial. Not guilty on all charges at trial. (People v. Antwan B.)

Client charged with attempt murder, accessory after the fact and gang enhancement after shots fired at a dwelling. Client turned down 15 year pretrial offer. During trial, plea deal reached for probation with time served. (People v. Rudy B.)

Client charged with resisting arrest, obstruction of justice when cops performed a probation sweep at her residence.  Client found not guilty on all counts at jury trial. (People v. Felicia M.)

Client charged with corporal injury to girlfriend after argument allegedly escalated. Client had significant exposure of 21 years because of prior strike, probation violation and GBI allegation. At trial, jury refused to convict client, returning hung verdict. (People v. Christopher P.)

Client charged with possession of methamphetamine for sale after traffic stop. Client claimed prejudice by prosecution’s delay in bringing the case to court. Motion filed on behalf of client asking the Court to dismiss the case as violative of client’s speedy trial rights. Motion granted and case dismissed. (People v. Shannon J.)