Manslaughter Lawyer in Santa Ana

Manslaughter charges may be brought against someone who kills another person without malice. There are three types of manslaughter, each with their own qualifying factors. If you need experienced and supportive legal defense for your manslaughter charge, contact the Law Office of Sheny Gutierrez.

Voluntary Manslaughter

Generally, voluntary manslaughter is defined as intentionally killing someone but without malice or causing someone’s death, disregarding human life.

Voluntary Manslaughter and Imperfect Self-Defense

A claim of self-defense requires that the defendant was in imminent danger of being severely harmed or killed and that the use of deadly force was necessary to prevent that. If these beliefs can be proven to be objectively reasonable, then a claim of self-defense is possible. However, if either of these two elements is genuinely held by the defendant but is objectively unreasonable, an imperfect claim of self-defense exists. According to California law, a charge of voluntary manslaughter is appropriate in these circumstances.

Voluntary Manslaughter and Heat of Passion

A homicide that occurs during a sudden fight or heat of passion is considered voluntary manslaughter, as well. If you were provoked and that provocation caused you to act suddenly based on your emotion at that moment, your attorney may be able to prove the heat of passion for a voluntary manslaughter charge. There can be no cooling-off period between the provocation and the reaction, and courts will take into consideration the reasonable person standard when deciding if the heat of passion existed at the time.

Voluntary manslaughter is classed as a felony in California and counts toward the state’s three-strike rule. A prison sentence associated with a conviction can be as many as eleven years.

Involuntary Manslaughter

The requirements for involuntary manslaughter are a lack of intent and the existence of criminal negligence. If you accidentally killed someone when acting without reasonable caution, you may be charged with involuntary manslaughter. A charge of involuntary manslaughter may also be appropriate if you had a legal duty to the victim, failed to act, and that failure caused their death.

Involuntary manslaughter does not count as a strike for the purposes of the three-strike rule. If convicted, this offense can carry up to four years in jail or prison.

Vehicular Manslaughter

Killing without malice through the use of a vehicle is a separate offense known as vehicular manslaughter. This charge implies a lack of malice. If malice or obvious disregard for life is exhibited by the defendant, they may be charged with murder instead of manslaughter.

California law states that vehicular manslaughter involves killing someone while driving a vehicle and committing a misdemeanor, while driving a vehicle recklessly, and while attempting to create a fraudulent accident claim. For the first two factors, the issue of gross negligence versus ordinary negligence will impact the penalties.

Vehicular manslaughter with ordinary negligence carries a sentence of up to one year in jail. When gross negligence is present, the offense may be charged as either a misdemeanor or felony, according to the judge’s discretion. Misdemeanors have sentences of up to one year, while felonies can result in a prison sentence of up to six years.

Despite falling into the category of manslaughter, each of these categories of crimes carries significantly different penalties and consequences. That’s why it’s important to have legal counsel who understands the complexities of California laws and how to navigate the legal system to your advantage.

Santa Ana Manslaughter Attorney

A criminal defense lawyer with specific experience in manslaughter and homicide cases is valuable when fighting voluntary and involuntary manslaughter charges. Our attorney has over 15 years of experience fighting for clients throughout Santa Ana, Orange County, and Southern California. Contact the Law Office of Sheny Gutierrez to schedule your free consultation.