A violent crime that involves the death of another person can attract some of the most serious penalties in the criminal justice system. You could face involuntary manslaughter charges when you accidentally or unintentionally cause the death of another person. For example, you are heading home at night from a road trip, and you accidentally run over a person, killing him/her on the spot.
In this case, you could face involuntary manslaughter charges under Penal Code 192(b). While the penalties of this crime are grave and life-changing, with the legal assistance of a credible criminal defense attorney, you could have the charges reduced or dismissed.
At Leah Legal Criminal Defense Attorney, we have deep knowledge of the involuntary manslaughter law and experience in the local criminal courts. If you are under investigation or have pending PC 192(b) charges in Los Angeles, we can offer you thorough and result-oriented legal representation to ensure the best possible outcome.
What PC 192(b) Says About Involuntary Manslaughter
According to PC 192(b), you commit an involuntary manslaughter offense when you unintentionally kill another person while committing a lawful act or an offense that is not in itself a serious felony that could cause someone’s death. Unlike murder, the prosecutor does not have to prove that you had malice aforethought (intent to kill) to secure a conviction against you for involuntary manslaughter.
To secure a conviction against you, the prosecutor must prove that you acted with criminal negligence or that your behavior was reckless. Whether the alleged PC 192(b) charge is based on an underlying lawful act or criminal offense. Criminal negligence is more enhanced than ordinary negligence.
Considering the seriousness of the penalties you could face after a conviction for a PC 192(b) violation, you should consult with a seasoned attorney as soon as possible following an arrest for alleged involuntary manslaughter charges. Early intervention by skilled criminal defense attorneys could have a significant impact on the outcome of your case.
How Voluntary Manslaughter Differs From Involuntary Manslaughter
PC 192(a) is the statute that addresses voluntary manslaughter charges, which is a separate and distinct offense. According to this statute, you commit a voluntary manslaughter offense when you intentionally kill someone during the heat of the moment, provoked by factors such as:
- The belief that you need to defend yourself or your loved ones (self-defense)
- Sudden quarrel
Conversely, PC 192(b) defines involuntary manslaughter as the unintentional killing of another person. The intent to kill another person is one of the main factors that distinguish PC 192(b) charges from PC 192(a) charges. Another factor that distinguishes these two crimes is the circumstances under which they occur.
A voluntary manslaughter offense can arise from heat of passion or a sudden quarrel. However, involuntary manslaughter could occur during the commission of a legal act or an illegal act, even if it is not felonious. Nonetheless, voluntary manslaughter results in more grave penalties than involuntary manslaughter because it involves a higher degree of fault due to the intentional nature of your act.
Involuntary Manslaughter Charges Based on Your Legal Duty
You could face involuntary manslaughter charges under PC 192(b) for failing to perform a legal duty. A legal duty could arise in various situations, including caregiving, professional responsibilities, or contractual obligations. When you fail to uphold your legal duty, and someone dies due to your negligence, you could face involuntary manslaughter charges.
For example, Dr. Bernard Adams, a surgeon, performs surgery on a patient but accidentally forgets a scalpel inside the patient’s body, leading to complications that ultimately result in his untimely death. In this case, Dr. Bernard could face involuntary manslaughter charges based on his legal duty because of the following:
- He/she owed the patient a legal duty of care
- He/she breached his/her legal duty of care towards the patient
- The breach directly caused the death of the patient due to the severe complications
- He/she did not have the intent to kill the patient
Bail Hearing for Involuntary Manslaughter Charges
A bail hearing is a court proceeding where a judge determines whether you should receive a pretrial release on bail as you wait for your trial date. While posting bail is not guaranteed in many manslaughter cases, your attorney can increase your chances of securing a pretrial release on bail, pending the outcome of your case.
While judges are usually encouraged to use the predetermined bail amounts listed on the bail schedule for different offenses, they may exercise discretion to set a lower or higher amount or deny bail altogether. Here are some of the factors the judge will consider when determining whether to grant you a pretrial release on bail after an arrest for an alleged PC 192(b) charge:
- Your ability to pay the bail
- The aggravating factors surrounding the alleged offense
- Your criminal record
- Your likelihood of attending future court dates to challenge the alleged charge
- Whether you are a threat to public safety
- Whether you have a history of skipping bail
If you are eligible to post bail and the court has set the amount, you can post it using cash, a property bond, or a bail bond. Posting cash bail means you have to raise the full amount of your required bail amount to secure your pretrial release. If you cannot afford the amount, you can provide a valuable property to act as collateral for your release, including a vehicle or a title deed.
However, if that is not an option, working with a bail bondsman to secure your freedom on bond would be a viable solution. A bail bond is a contract between you, the bail bondsman, and the court. Under this contract, the bail bondsman will promise to post your full bail amount when you skip bail.
On the other hand, as the defendant, you will promise to make all your scheduled court appearances until your case is over. When you make all your court appearances as required, the court will exonerate your bail, meaning the bondsman will no longer have any financial obligation over your freedom.
However, when you decide to skip bail, the court will revoke your bail, requiring the bail bondsman to pay your full bail amount. For these much-needed services after an arrest, the bail bondsman will charge you ten percent of your bail price as his/her services fee. For a serious crime like involuntary manslaughter, the bail bondsman could also require collateral as security for your release.
Facts the Prosecutor Must Prove to Secure a PC 192(b) Violation Conviction Against You
Some criminal cases resolve during the pretrial stage through discovery or the exchange of evidence with the prosecutor, but others proceed to trial. If your involuntary manslaughter charge has reached the trial stage of the prosecution process, the outcome of the proceeding could significantly affect your life.
However, a conviction is not automatic, and the prosecutor must prove certain facts or elements of the crime beyond a reasonable doubt before a judge or jury. Here is what the prosecutor needs to prove at trial to secure a PC 192(b) violation conviction against you:
You Committed an Offense or Legal Act in an Illegal Way
According to PC 192(b), you commit an involuntary manslaughter offense whenever you commit a wrongful act, meaning accidental acts will not suffice as a legal defense. The wrongful act in question could be any of the following:
- A misdemeanor
- An infraction
- A non-dangerous felony
- Any act that does not qualify as a criminal offense but is committed in an illegal way
It is worth noting that you will face murder charges under PC 187 when you kill another person during the commission of an inherently dangerous felony.
You Committed the Act With Criminal Negligence
Whether the underlying act was a crime or a lawful act committed illegally, the prosecution team must satisfactorily prove that you portrayed criminal negligence in your conduct or behavior. As previously stated, criminal negligence under PC 192(b) is not just carelessness, mistake, or inaction. Criminal negligence involves a higher level of disregard for human safety or recklessness. In other words, criminal negligence happens when:
- You behave or act recklessly, creating high chances of someone dying or suffering a severe bodily injury
- A reasonable, sober person in a similar situation or circumstances would have recognized that the act could have created that kind of risk or danger
You Caused Someone’s Death
The court cannot convict you of a PC 192(b) violation if the prosecutor cannot prove that another person lost his/her life due to your illegal or lawful acts. In other words, your acts should be a “significant factor” in causing someone’s death, and a sober, reasonable individual would have foreseen the possibility of death occurring.
You Did Not Act With Malice Aforethought or Premeditation
To distinguish a PC 192(b) charge from murder charges, the prosecutor must prove that you had no criminal intent to kill the victim or cause physical injury. While your acts were negligent, reckless, or performed without proper caution, they were not deliberate or premeditated.
You Were Not Defending Yourself, Your Loved One, or Property (Self-Defense)
The court cannot convict you of a PC 192(b) violation if your acts at that moment were justifiable. For example, if you acted to defend yourself, others, or your property from harm but accidentally caused another person’s death, the prosecutor cannot secure a PC 192(b) violation conviction against you.
Sentence and Penalties for a PC 192(b) Violation Conviction
A PC 192(b) violation conviction carries grave legal consequences. When the court convicts you of a PC 192(b) violation, your case will proceed to the sentencing phase, where the judge or jury will determine the appropriate sentence for your offense. Since involuntary manslaughter is a felony offense, the penalties you should expect for this offense are serious and life-altering.
Your attorney will strive to convince the court to dismiss or reduce the charge to a lighter offense. However, if that is impossible because the evidence the court has against you is overwhelming, you should expect the following possible penalties:
- A jail term of two, three, or four years
- A fine not exceeding $10,000
- Felony probation
The seriousness of the legal penalties you will face will depend on various factors, including your criminal background and whether your case has mitigating or aggravating factors. Aggravating factors are issues that show your offense was more egregious or you knowingly acted with a high degree of malice, putting other people’s lives in danger.
Criminal history is also an aggravating factor in a criminal case and will make your involuntary manslaughter charge conviction more serious. The prosecutor will point out aggravating factors in your case during the sentencing hearing to convince the judge or jury that you deserve a harsher sentence.
On the other hand, mitigating factors are those that could reduce the seriousness of the sentence you could face. For example, your attorney can argue that you are a first-time offender, are remorseful, and have cooperated with the officers to secure a lighter sentence for your violation.
Other Detrimental Consequences Associated With a PC 192(b) Violation Conviction
Unfortunately, a PC 192(b) violation conviction can have other detrimental consequences on your life beyond the legal penalties mentioned above. For example, after a conviction for this offense, the following could happen:
- You could lose your professional license — As a licensed professional, you understand what this document means to your career and livelihood. Unfortunately, you could lose it after an involuntary manslaughter charge conviction, especially if you are a lawyer, medical practitioner, surgeon, or teacher
- You could face challenges finding reliable employment — Since potential employers nowadays look at your criminal background as part of the recruitment criteria, a PC 192(b) violation conviction could make potential employers hesitant to employ you
- You could face social stigma — Due to the seriousness of murder-related charges, people could begin looking at you differently, affecting your social life and even personal relationships.
Best Legal Defenses to Challenge a PC 192 (b) Charge
When you have a PC 192(b) charge, having a skilled criminal defense attorney who can help you build strong defense arguments is critical. A PC 192(b) charge does not mean a conviction is inevitable. With the legal assistance of a skilled attorney, you can challenge the charge to secure a favorable outcome. Here are common defense arguments your attorney could assert to secure a desirable outcome:
The Killing Was Accidental
If your attorney can provide evidence to show the court that the killing was accidental and not due to reckless behavior or gross negligence, you could avoid a PC 192(b) violation conviction. For this defense argument to work, your attorney must prove that:
- You had no intent to hurt the deceased
- You did not act with criminal negligence
- You were engaged in a legal activity when the accident occurred
For example, when you drive over a pothole that looks intact on the road, but it happens to be defective, causing a fatal accident, the court may not convict you of a PC 192(b) violation. If these legal defense arguments work in your favor, the court will dismiss or reduce your penalties for a PC 192(b) violation.
You Were Defending Yourself or Others (Self-Defense)
Your attorney can assert a self-defense argument when charged with a PC 192(b) violation if the following facts are true beyond a reasonable doubt:
- You had a reasonable belief that you, a loved one, or your property is in impending danger
- You had a reasonable belief that using dangerous force was needed in that situation to prevent the danger
- You did not use more physical force than was necessary for that unique situation
If your attorney has sufficient evidence to prove these facts beyond a reasonable doubt, the jury could dismiss your charges or reduce your penalties.
You are a Victim of Mistaken Identity
Mistaken identity is not an uncommon issue in murder-related cases. Your attorney can argue that you are not the perpetrator in the case and your PC PC 192(b) charges are solely based on mistaken identity. You could be a victim of mistaken identity if the perpetrator had the same height as you, had the same hairstyle as you, and had the same skin color as you.
The court understands the possibility of these cases, and with clear and convincing evidence, the jurors could dismiss the charges against you.
You are a Victim of False Accusations
Depending on the facts and circumstances of your unique case, the court could challenge your PC 192(b) charge by arguing that someone falsely accused you of a crime you did not commit. A false accusation leading to PC 192(b) charges may occur if you are in the wrong location at the wrong moment and the actual perpetrator attempts to blame you for the killing to avoid liability.
Fortunately, the prosecutor cannot secure a conviction for a PC 192(b) violation against you solely because you were at the crime scene. Surveillance videos and eyewitness testimonies can help strengthen this legal defense argument to secure a favorable outcome.
The Prosecutor’s Evidence Against You is Insufficient
As in any other criminal case, the court expects the prosecutor to present sufficient and convincing evidence to secure a conviction for a PC 192(b) violation. If your attorney can point out weaknesses or loopholes in the prosecutor’s involuntary manslaughter charge, the court could dismiss or reduce it to a less serious charge.
The specific legal defense your criminal defense attorney will apply at trial if you have PC 192(b) charges will depend on the unique circumstances and facts of your case.
Involuntary Manslaughter and Related Charges
The involuntary manslaughter charge is related to several other charges under the Penal Code, and the prosecutor could file any of them against you if the evidence he/she has is insufficient to secure a conviction against you under PC 192(b). Examples of these crimes include the following:
Murder
One main factor that distinguishes murder from manslaughter is the intent or malice aforethought. To secure a murder conviction against you under PC 187, the prosecutor must show the court that your acts were premeditated. That means if you did not have malice aforethought and the murder was not premeditated, you will face manslaughter charges.
However, when you kill another person while committing an inherently serious felony, the prosecutor could file murder charges against you. A murder charge conviction could attract fifteen years or life behind bars, depending on the facts of the case.
Voluntary Manslaughter
According to PC 192(a), you will face voluntary manslaughter charges when you kill another person during a sudden quarrel or in the heat of the moment. While it is the unintentional killing of another person, a voluntary manslaughter charge conviction attracts lighter penalties than a murder charge conviction, since it is due to understandably intense emotions caused by provocation.
An involuntary murder charge conviction attracts harsher penalties than a voluntary murder charge conviction, including three, six, or eleven years.
Vehicular Manslaughter
The vehicular manslaughter charge is closely related to involuntary manslaughter except that it entails driving. You commit a vehicular manslaughter offense when you drive negligently or violate a traffic statute, leading to a fatal accident where someone dies. Vehicular manslaughter is a misdemeanor offense that can carry up to a year in jail.
The rule of thumb is that if you are under investigation or arrested as a suspect in an involuntary manslaughter case, you should consult with a credible criminal defense attorney. The criminal defenses your attorney will craft using the available evidence, including eyewitness testimonies, could positively influence the outcome of the case.
Find a Skilled Criminal Defense Attorney Near Me
If you are under arrest as a suspect in a PC 192(b) case or have any other concern about this charge, consulting with a seasoned criminal defense attorney is advisable. At Leah Legal Criminal Defense Attorney, we are here ready to answer your questions and offer you a result-oriented legal representation to achieve the best possible results.
Call us at 213-444-7818 to schedule your appointment with our experienced criminal defense attorneys as soon as possible to receive thorough legal representation in your involuntary manslaughter case. We serve clients in the entire city of Los Angeles, and we can help you, too.
