Long Beach, CA Manslaughter Defense Attorney

If you're facing manslaughter charges in Long Beach, California, it’s important to understand the legal process and your rights. Manslaughter is a serious criminal charge that can have life-altering consequences, and mounting an effective defense is crucial. 

As a defense attorney at McCready Law Group, I understand how stressful and overwhelming it can be to deal with such charges. Here, I’ll explain what the potential penalties you may face are and how I can help you mount a strong defense against these charges. If you need legal representation, contact my firm today to set up a time to discuss your case.

What Is Manslaughter?

Manslaughter is defined under California Penal Code Section 192 as the unlawful killing of a human being without malice aforethought. 

Unlike murder, which requires a specific intent to kill or extreme indifference to human life, manslaughter can be charged when someone unintentionally kills another person in the heat of passion or under circumstances where they didn't plan to commit murder.

There are three types of manslaughter in California: voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter. The type of manslaughter charged depends on the circumstances surrounding the death.

Voluntary Manslaughter

Voluntary manslaughter, as defined in California Penal Code Section 192(a), occurs when someone intentionally kills another person, but the killing is committed in the heat of passion or as a result of a provocation that would cause a reasonable person to lose self-control. 

In these cases, the individual may not have had time to premeditate the killing, which distinguishes voluntary manslaughter from murder.

An example of voluntary manslaughter would be if someone discovers their spouse in bed with another person and, in a moment of intense anger, kills that person. The provocation (discovering infidelity) may be considered adequate to provoke the killing, but the law recognizes that the person didn't have the time to "cool off" before acting.

Involuntary Manslaughter

Involuntary manslaughter, under California Penal Code Section 192(b), occurs when someone kills another person unintentionally but during the commission of a non-felony criminal act or as a result of criminal negligence. This is a less severe charge than voluntary manslaughter because it involves no intent to kill.

For example, if someone is engaged in a dangerous activity like reckless driving and unintentionally causes a fatal accident, they could be charged with involuntary manslaughter. In these cases, the prosecution must prove that the person acted with criminal negligence—meaning their actions showed a reckless disregard for human life.

Vehicular Manslaughter

Vehicular manslaughter is a specific type of involuntary manslaughter that involves causing a death while operating a vehicle. Under California Penal Code Section 192(c), this offense can occur if someone unintentionally kills another person while driving in a reckless or negligent manner.

In cases of vehicular manslaughter, the prosecution must prove that the driver’s actions were grossly negligent or reckless, such as speeding excessively, driving under the influence, or engaging in other dangerous behavior while driving. Next, I'll discuss the penalties that may result from these charges.

What Are the Penalties for Manslaughter?

Manslaughter, though not as severe as murder, is still a felony offense that can carry significant penalties under California law. The penalties for manslaughter can vary depending on the type of manslaughter and the circumstances surrounding the offense.

Voluntary Manslaughter

A conviction for voluntary manslaughter in California can lead to a sentence of 3, 6, or 11 years in state prison. Additionally, a person convicted of voluntary manslaughter may be required to pay fines and may face other penalties, such as probation or parole.

Involuntary Manslaughter

Involuntary manslaughter is generally punishable by two, three, or four years in state prison. However, if the defendant was engaged in certain activities, such as driving under the influence, the penalties could be more severe. Probation may also be available for those convicted of involuntary manslaughter, but it depends on the specific circumstances.

Vehicular Manslaughter

If you are convicted of vehicular manslaughter in California, the penalties can range from probation and a few years in county jail to a lengthy state prison sentence. If the manslaughter occurred while the defendant was driving under the influence of alcohol or drugs, the penalties can be particularly severe, including longer prison sentences and additional fines.

Manslaughter convictions also often come with long-lasting consequences, including the loss of certain civil rights, such as the right to own firearms, and challenges finding employment or housing due to the felony record. Fortunately, there are ways to defend yourself against these charges with the help of a manslaughter defense attorney.

What Are the Defenses for Manslaughter Charges?

As a manslaughter defense attorney at McCready Law Group, I focus on building the strongest possible defense possible for my clients. Depending on the circumstances of your case, several legal defenses can be used to challenge manslaughter charges. Here are some common defenses that may be available:

Lack of Intent

One of the key elements of manslaughter charges is that there was no premeditated intent to kill. For voluntary manslaughter, the prosecution must prove that you killed someone in the heat of passion or after provocation. If I can show that there was no intent to kill or that the killing was accidental, I can argue that a manslaughter charge isn't appropriate.

For involuntary manslaughter, I may argue that you didn't act with criminal negligence. For example, if you were driving and an accident occurred but you weren’t recklessly speeding or driving under the influence, I may argue that the death was a tragic accident and not the result of criminal negligence.

Self-Defense or Defense of Others

If you were acting in self-defense or defending another person from an imminent threat of harm, this could be a valid defense against manslaughter charges. In cases of voluntary manslaughter, if you were provoked or felt your life was in danger, I may argue that you acted in self-defense. 

However, your actions must be reasonable under the circumstances, and the use of force must not exceed what is necessary to protect yourself or others.

Lack of Criminal Negligence

In cases of involuntary manslaughter or vehicular manslaughter, the prosecution must prove that you acted with criminal negligence. If you were engaged in behavior that was dangerous but not reckless or grossly negligent, I may argue that you shouldn't be convicted of manslaughter.

For example, if you were involved in a fatal car accident but weren't speeding or driving recklessly, I could argue that the death was a tragic event and not the result of criminal negligence.

Insufficient Evidence

Another defense is to challenge the evidence that the prosecution has presented. If the prosecution can't prove beyond a reasonable doubt that you committed manslaughter, the charges should be dropped or dismissed. This can involve questioning eyewitness testimony, forensic evidence, or other crucial pieces of evidence in the case.

What Is the Defense Process for Manslaughter?

Facing manslaughter charges is an overwhelming experience, but with the right criminal defense, you can achieve a favorable outcome. The criminal defense process in a manslaughter case typically follows several steps:

Investigation

Once I take on your case, I’ll begin by investigating all the facts surrounding the incident. I'll examine police reports, witness statements, and any physical evidence that may be relevant to your case. I'll also review any statements you made to law enforcement or to others after the incident to identify any inconsistencies or weaknesses in the prosecution’s case.

Pretrial Motions

After reviewing the evidence, I may file pretrial motions to suppress certain pieces of evidence or to dismiss charges. For example, if there was a violation of your constitutional rights during the investigation or arrest, I may file a motion to exclude evidence that was illegally obtained.

Plea Negotiations

In some cases, I may be able to negotiate a plea deal with the prosecution. This could result in reduced charges or a lesser sentence than what you might face if convicted at trial. However, I'll always consult with you before agreeing to any plea deal, as your interests are my top priority.

Trial

If your case goes to trial, I'll represent you in front of a judge or jury. I'll challenge the prosecution’s evidence and present a defense that highlights any weaknesses in their case. During the trial, I'll cross-examine witnesses, challenge forensic evidence, and work to create reasonable doubt about your guilt.

Sentencing

If you are convicted of manslaughter, the sentencing phase will follow. At this stage, I'll advocate for the least severe penalties possible, including requesting probation or reduced prison time. 

I may also work to present mitigating factors that could influence the judge’s decision on sentencing, such as your lack of a prior criminal record or your role as a caregiver for others.