If you have been arrested or are under investigation for involuntary manslaughter in San Diego, California, you are facing a charge that carries serious, lifelong consequences. Convictions can result in significant prison time, years of probation, high fines, and a criminal record, all of which can affect a defendant’s freedom and many different aspects of their future.
The stakes in these cases are high, making your legal defense one of the most critical choices you will make. Reach out to Blair Defense Criminal Lawyers at (619) 357-4977 today to schedule a free consultation with a San Diego involuntary manslaughter lawyer.
Why Hire Blair Defense Criminal Lawyers if You’re Arrested for Involuntary Manslaughter?
When you’re charged with involuntary manslaughter in San Diego, CA, your future is on the line. It’s critical to have a team like Blair Defense Criminal Lawyers beside you that understands the criminal justice system.
Those facing a San Diego involuntary manslaughter charge trust the firm because we offer:
- 15+ years of focused criminal defense experience
- Super Lawyers recognition
- National Trial Lawyers Top 100 Attorneys
- Top 40 under 40 Trial Attorneys
- Perfect-10 Avvo Rating
- Over 5,000 criminal cases handled
Defending a complex charge like involuntary manslaughter requires careful investigation, technical legal knowledge, and assertive negotiation with prosecutors. Let our team help try to get you the best outcome possible.
Reach out today to schedule your free consultation with a San Diego criminal defense attorney.
Overview of Involuntary Manslaughter in California
Involuntary manslaughter in California is defined as the unintentional killing of another person without malice or an intent to kill.
Under California Penal Code § 192(b), involuntary manslaughter generally occurs when someone unintentionally causes another person’s death while committing an unlawful act or performing a lawful act without due caution. Certain felonies can also support an involuntary manslaughter charge. The conduct must involve criminal negligence, not merely an ordinary accident or mistake.
To convict someone of involuntary manslaughter, prosecutors must generally prove three elements:
- The defendant committed a qualifying unlawful act or a lawful act without due caution.
- The conduct amounted to criminal negligence
- The actions directly led to someone’s death.
Criminal negligence in this context means behavior that goes far beyond simple carelessness or judgment error. The person must have disregarded a substantial risk of death or great bodily harm, acting in a way that’s a major departure from how a careful, reasonable person would act in similar circumstances.
What Are the Penalties for Involuntary Manslaughter in San Diego, California?
Involuntary manslaughter is a felony under California law. A conviction can result in a sentence of 2, 3, or 4 years, usually served in county jail instead of state prison, unless you are excluded by certain prior convictions or other specific circumstances.
The court may also order a fine of up to $10,000. In some cases, the sentence can be split between jail time and supervision, or probation may be an option. Penalties depend on the details of the case and your criminal history.
What Defenses Can Be Raised if I’m Arrested for Involuntary Manslaughter?
Being charged with involuntary manslaughter is a difficult situation for anyone to deal with, but there are ways you can defend yourself. Your lawyer can choose from a number of defenses, depending on the facts.
Some common ones include:
- No criminal negligence: To secure a conviction, the prosecution must prove beyond a reasonable doubt that you acted with criminal negligence, not just carelessness. If your conduct doesn’t rise to the level of criminal negligence, your lawyer can use this to fight for an acquittal.
- Accident or misfortune: California law allows for excusable homicide when a death occurs as the result of an accident, during a lawful activity performed in a lawful manner with reasonable care. Demonstrating the absence of recklessness or criminal intent can provide a strong defense.
- Lack of causation: For a conviction, it’s not enough to show you engaged in a criminally negligent manner. The prosecution must also show that your actions were a substantial factor in causing the death. Challenging the connection between your conduct and the outcome can sometimes result in acquittal.
- Self-defense or defense of others: If your actions that led to the death were the result of self-defense or defense of someone else, and you used only as much force as necessary under the circumstances, this legal justification may lead to the charges being dismissed or an acquittal if it does go to trial.
Consulting a San Diego criminal defense lawyer who knows the complexities of involuntary manslaughter law is the best way to understand which defenses may be available.
The process you’re about to face can be complicated and overwhelming, full of legal technicalities that only an experienced San Diego, CA, attorney can fully understand. The State of California will be using all available resources to try to secure a conviction, so having a knowledgeable and dedicated defense attorney on your side is essential.
That’s where we come in. When you’re ready to get started, contact Blair Defense Criminal Lawyers to schedule a free consultation with a San Diego involuntary manslaughter attorney.
