Any situation where loss of life occurs because of someone else’s actions is taken seriously by California law enforcement and the criminal justice system. Investigators will assess the details of the event to determine whether to bring charges against the party whose intentional or reckless actions led to another person’s death. However, it’s important to recognize that not all killings meet the legal definition of murder; in fact, there are some circumstances that may even justify the taking of someone else’s life. For instance, someone fearing for their life may be able to use lethal force to defend themselves against this imminent danger. If you are facing murder charges in the greater Los Angeles County area, it’s natural to feel overwhelmed and even frightened about how these upcoming legal proceedings will affect your future.
Like other states, California imposes some of the harshest and most lasting penalties for murder crimes, so a murder conviction can put you behind bars for the rest of your life. Enlisting the guidance of a highly qualified and experienced criminal defense lawyer is the best way to maximize your chances of obtaining a fair and favorable outcome while ensuring that your legal rights remain protected at every stage of the criminal justice process. In some cases, your criminal defense attorney may be able to have the charges against you reduced from murder to voluntary manslaughter, which carries less harsh penalties. Let’s take a closer look at some of the differences between voluntary manslaughter vs. murder and some of the strategies you and your criminal defense attorney can work hard to keep your future as bright as possible.
What Does Voluntary Manslaughter Mean in California?
Under California law, homicide is the general term for crimes involving the taking of a life. Under this larger umbrella term, a defendant may be charged with murder (i.e., the killing of someone with what’s known as “malice aforethought) or manslaughter (where the defendant did not have a malicious intent). Below is a brief overview of how these two criminal offenses differ, as well as their potential penalties if the defendant is convicted of the underlying offense.
How California Law Defines Murder
California Penal Code sec. 187(a) defines murder as “the unlawful killing of a human being, or a fetus, with malice aforethought.” The subsequent section goes on to define malice as either express or implied. Express malice occurs “when there is manifested a deliberate intention to unlawfully take away the life of a fellow creature,” while implied malice refers to instances in which “no considerable provocation appears, or when the circumstances attending the killing show an abandoned or malignant heart.” In other words, prosecutors must provide sufficient evidence of the defendant’s state of mind (i.e., that they planned to take the other person’s life or acted without any provocation) leading up to and during the killing in order to secure a conviction. A first-degree murder conviction in California is punishable by a prison sentence of 25 years to life. If the case involves other factors or circumstances, such as torturing the victim, lying in wait, or killing more than one person, the defendant may be sentenced to death or life imprisonment without parole.
Voluntary Manslaughter Charges in California
In cases where the defendant did not plan ahead to intentionally take the life of another person, prosecutors may bring voluntary manslaughter charges against the accused. California Penal Code sec. 192 states, “Manslaughter is the unlawful killing of a human being without malice.” The state recognizes three types of manslaughter: Voluntary, involuntary, and vehicular manslaughter. Voluntary manslaughter occurs when the defendant takes the life of another upon a “sudden quarrel or heat of passion.” In other words, the defendant was provoked somehow and, in the heat of the moment, acted in a way that proved fatal to the other person. Involuntary manslaughter charges may be brought in cases where a defendant was in the midst of committing an unlawful act (not amounting to a felony) or committing a lawful act that could prove fatal—such as a doctor negligently prescribing a strong medication with known side effects to a patient without checking to see if it could fatally interact with other medications the patient was currently taking. Finally, vehicular manslaughter involves driving a vehicle (with or without gross negligence) in such a way that might produce death. Voluntary manslaughter crimes carry less severe penalties than murder charges. The voluntary manslaughter penalty imposed on a defendant can vary depending upon the specifics of the case, ranging from between three to eleven years in state prison, up to $10,000 in fines, and the addition of a “strike” *under California’s three-strikes law.
Learn More About Voluntary Manslaughter Cases Today
Ultimately, the difference between murder and voluntary manslaughter comes down to the defendant’s state of mind at the time of the alleged offense. Any evidence of intentional or deliberate planning to take the life of another person can lead to murder charges. Voluntary manslaughter, in contrast, applies to situations in which the defendant was provoked in some way and acted in the heat of passion. For instance, an example of voluntary manslaughter could be when a spouse discovers that their partner is involved in an affair with someone else. In the wake of this shocking and upsetting revelation, the spouse discovering the affair may become so blinded by rage and jealousy that they kill their spouse or the spouse’s lover without thinking. Since this killing took place in the heat of passion with no intentional planning ahead of time, voluntary manslaughter charges may be appropriate.
Start Protecting Your Freedom and Future Now
Facing criminal charges of any kind is an upsetting and daunting experience. Suddenly, you face an uncertain future, and you wonder how this incident will affect your life (as well as the lives of your loved ones). If you are facing homicide charges in Los Angeles County, it’s essential to discuss your legal rights and options with a seasoned and trusted criminal defense lawyer who can advocate vocally on your behalf. Together, you can explore potential defensive strategies that aim to keep your future as bright as possible.
The dedicated legal team at Wegman & Levin proudly provides the most effective representation for all types of criminal cases in Los Angeles County. If you are facing criminal charges and you need reliable legal defense services, call our office right away at (818) 980-4000 to arrange a free consultation with a highly qualified and experienced criminal defense attorney.
