While many people feel as though all homicide offenses are on the same level morally, this is not the case legally. It’s imperative to understand that California, like all states, charges homicide offenses based on the circumstances of the crime. As such, you’ll find that there are generally two forms of homicide you can be charged with – murder or manslaughter. Understanding how these offenses differ and the penalties you can face if charged with manslaughter is critical. The following blog explores what you should know about these matters and the importance of working with a Sacramento criminal defense lawyer to help you explore your legal options if facing a manslaughter charge.
What Constitutes a Manslaughter Charge?
Murder is the unlawful killing of another person with the intention of doing so. Essentially, this means that any killing that is carried out with premeditation constitutes a murder offense. Manslaughter, on the other hand, is a form of homicide, but differs from murder in that there is generally no premeditation.
As such, there are three different types of manslaughter offenses in California. The first, voluntary manslaughter, is often referred to as a “heat of passion” killing. Circumstances in which this occurs often include the honest yet unreasonable belief that lethal action is needed to protect oneself, or, for example, walking in on your spouse cheating. Involuntary manslaughter, on the other hand, occurs when someone causes the death of another person while carrying out a crime that is not inherently dangerous. The difference between this and voluntary manslaughter is that there is no intent to kill or provocation leading up to the death of the other party. Instead, this is the result of criminal negligence.
The final type of manslaughter offense recognized in California involves motor vehicles. Vehicular manslaughter occurs when someone operates a car in a reckless or negligent manner and which directly leads to the death of another person.
What Penalties Can I Face?
While this crime is not as serious as murder, you’ll find that the penalties you can face for this offense are incredibly severe. Both voluntary and involuntary manslaughter are considered felony offenses in California, warranting between three to 11 years in state prison for a voluntary offense and two to four years for involuntary manslaughter.
Vehicular manslaughter, on the other hand, is a wobbler offense. This means it can be charged as a misdemeanor or a felony, depending on the circumstances surrounding the crime. Typically, this is a misdemeanor offense carrying up to one year in county jail. However, if gross negligence is involved, this can raise the penalty to a felony, warranting more time in jail and a license suspension.
As you can see, a manslaughter offense is not something that should be taken lightly. As such, it’s in your best interest to connect with an experienced attorney to help you fight these charges. At the Law Offices of Dale R. Gomes, we understand the impact a criminal offense can have on your life, which is why we will do everything in our power to help you fight for the best possible outcome. Contact us today to learn more.
