Manslaughter

Southern California Manslaughter Violent Crimes Lawyer

Manslaughter is the crime of killing another human being without premeditation or planning. It is differentiated from murder which includes premeditation (also commonly referred to as “malice aforethought”) on the part of the accused.

Voluntary Manslaughter

Manslaughter is classified as voluntary when the perpetrator intentionally causes the death of another. Voluntary manslaughter can be committed in the “heat of passion,” usually provoked by acts of the victim. Those acts can include a violent assault, but simple words and gestures do not count as valid provocation. Another form of voluntary manslaughter is a homicide committed during the commission of a felony, such as a robbery or rape.

An example of voluntary manslaughter in the heat of passion is as follows: George is at a restaurant and sees his wife having an intimate dinner with another man whom he suspects is her lover. When George confronts the pair, the man admits the fact and shoves George. It a fit of rage, George attacks and kills the man. Although the crime was intentional, George did not plan on committing it. Therefore it could be classified as voluntary manslaughter rather than murder.

Involuntary Manslaughter

Involuntary manslaughter is a homicide committed unintentionally, as the result of criminal negligence or the violation of a law. Recklessness can be a factor in classifying a homicide as involuntary manslaughter, such as a perpetrator setting off fireworks inside an apartment building and causing a person or persons to die in the resulting fire.

Vehicular manslaughter is a common form of involuntary manslaughter. This particular homicide is committed by a person operating a motor vehicle while intoxicated and/or disobeying traffic laws.

Manslaughter, whether voluntary or involuntary, can carry heavy sentences for the convicted. At the Law Offices of Barry Bernstein, we understand the ins and outs of the legal process and can protect your rights and keep you out of prison.

Contact us regarding your manslaughter case today!