California Involuntary Manslaughter Law
Penal Code 192 (b) pc
California Penal Code 192 defines "manslaughter" as the unlawful killing of another person without malice.1 "Involuntary Manslaughter," which is the least serious variant of manslaughter, gets charged when the killing occurs:
1. in the commission of an unlawful act, not amounting to a felony, OR
2. by way of a lawful though dangerous act, that is done in an unlawful manner or without due caution or circumspection.
Take, for example, the recent allegations against Michael Jackson’s personal physician, Dr. Conrad Murray. The Los Angeles District Attorney’s Office charged Dr. Murray with involuntary manslaughter for allegedly administering lethal doses of an anesthetic (propofol) to Jackson while treating him for insomnia. Dr. Murray has pled "not guilty" to the charges.
When someone dies under any kind of "suspicious" circumstances, law enforcement officers and prosecutors are bound to get involved. Police want to hold someone accountable. And often times, as a result, they jump to conclusions or rush investigations, leaving innocent people to defend against false accusations and wrongful arrests.
The good news is that we can help. As former prosecutors and police officers, we have inside knowledge that is invaluable to resolving your Penal Code 192 (b) "involuntary manslaughter" charges favorably.
In order better to understand California involuntary manslaughter law…and, more importantly, how to defend against involuntary manslaughter charges…our California criminal defense attorneys will address the following:
How Do Prosecutors Prove that I am Guilty of Involuntary Manslaughter?
Penalties, Punishment, and Sentencing for Involuntary Manslaughter
How Do I Fight a Penal Code 192 (b) PC Involuntary Manslaughter Charge?
If, after reading this article, you would like more information, we invite you to contact us at Shouse Law Group.
How Do Prosecutors Prove that I am Guilty of Involuntary Manslaughter?
The difference between other murder charges and involuntary manslaughter rests on whether the defendant was aware of the risk to life that his actions created, and whether he consciously disregarded the risk.
An unlawful killing caused by a willful act done with complete knowledge and awareness that the person is endangering another's life, and done with conscious disregard of that risk, amounts to Penal Code 192 (a) "Voluntary Manslaughter" or Penal code 187 "Murder".2
An unlawful killing arising from a willful act done without intent to kill and without conscious disregard of the risk to human life amounts to involuntary manslaughter.
In order to convict someone of the crime of involuntary manslaughter, the prosecutor must prove beyond a reasonable doubt the following two facts (otherwise known as "elements of the crime"):
1. that someone was killed, and
2. that the killing was unlawful.3
Let’s take a closer look at this second element to better understand what constitutes an "unlawful" killing.
Unlawful killing
An "unlawful" killing can take place under two circumstances:
1. when you commit a crime that is dangerous to human life under the circumstances of its commission, or
2. when you commit an otherwise lawful act, but one that involves a high degree of risk of death or great bodily injury or harm to others, and you commit the act without due caution and circumspection.4
"Without due caution and circumspection" is equivalent to criminal negligence.5 "Criminal negligence" involves more than ordinary carelessness, inattention, or mistake in judgment. You act with criminal negligence when:
1. you act in a reckless way and create a high risk of death or great bodily injury, and
2. a reasonable person would have known that acting in that way would create such a risk.6
Once again, referring to the Michael Jackson case, the Los Angeles D.A. stated in its complaint that Dr. Murray "did unlawfully and without malice kill Michael Joseph Jackson" by acting "without due caution and circumspection".
Prosecutors will attempt to prove that Dr. Murray acted with criminal negligence when he administered such a large dose of the anesthetic…an anesthetic that they contend is meant to be used in preparation for surgery, not as a sleeping aid. They will argue that a reasonable doctor in the same situation would not have administered this medication.
Penalties, Punishment, and Sentencing for Involuntary Manslaughter
California Penal Code 192 (b) PC involuntary manslaughter is a felony. A conviction subjects you to7
* formal probation,
* a two, three, or four-year California State Prison sentence,
* a maximum $10,000 fine, and
* possible professional repercussions (if you hold a professional license).
In addition, California involuntary manslaughter law also addresses civil wrongs. If, for example, you are found liable for unlawfully causing another’s death in a civil suit (in a medical malpractice case, for example), you could face substantial additional fines.
How Do I Fight a Penal Code 192 (b) PC Involuntary Manslaughter Charge?
Fortunately, there are a variety of defenses to involuntary manslaughter charges that a skilled California defense lawyer could present on your behalf. The following is just a sample of some of the most popular.
False accusations
Sometimes people may falsely accuse others of this very serious offense. Accusers can range from an individual trying to cover up his/her own involvement in the victim’s death to overzealous law enforcement officers who conduct a shoddy investigation and simply need someone to present to the D.A.
Insufficient evidence
Similarly, sometimes in what seems like an "open and shut" case, the police make a snap decision regarding the death. They present their case to the prosecutor who simply buys into the cop’s account.
But as Van Nuys criminal defense attorney Darrell York explains8, "Good criminal defense lawyers conduct our own investigations. We interview witnesses, reexamine evidence, and routinely consult with independent forensic scientists to uncover what really happened. After we highlight the flaws in the prosecutor’s case, we explain why the victim’s death couldn’t possibly have been caused in the manner alleged."
Self-defense
If you reasonably believed that you were protecting yourself or another person from imminent harm, you may be entitled to an acquittal under the California law of self-defense or the defense of others.9 This defense applies so long as (1) you acted reasonably under the circumstances, and (2) used no more force than was necessary under the circumstances.
Your act wasn’t unreasonable
California involuntary manslaughter requires one of two types of acts: (1) a criminal act, or (2) an unreasonable act. If you didn’t commit a crime or act in an unreasonable manner, prosecutors can’t convict you of this offense.
If, under the circumstances, you acted as a "reasonable" person would have, then you did nothing wrong…at least not in the criminal sense. Accidents happen -- period. The unfortunate fact that they sometimes result in another person’s death doesn’t make the act any less accidental, and shouldn't make it criminal.
If you have additional questions about California involuntary manslaughter law or would like to discuss your case confidentially with one of our California criminal defense attorneys, please don’t hesitate to contact us at Shouse Law Group.
We have local criminal law offices in Los Angeles, San Diego, Riverside, Orange County, San Bernardino, Ventura, San Jose, the San Francisco Bay area, and several nearby cities to conveniently serve you.
Legal References:
1California Penal Code 192 PC -- Involuntary manslaughter. ("Manslaughter is the unlawful killing of a human being without malice. It is of three kinds: (a) Voluntary--upon a sudden quarrel or heat of passion. (b) Involuntary--in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle. (c) Vehicular…")
2California Penal Code 187 -- Murder. ("(a) Murder is the unlawful killing of a human being, or a fetus, with malice aforethought.")
3California Jury Instructions – Criminal. CALJIC 8.45 Involuntary manslaughter. ("In order to prove this crime, each of the following elements must be proved: [1] A human being was killed; and [2] The killing was unlawful.")
4See same. ("A killing is unlawful within the meaning of this instruction if it occurred: [1] During the commission of an unlawful act [not amounting to a felony] which is dangerous to human life under the circumstances of its commission; or [2] In the commission of an act, ordinarily lawful, which involves a high degree of risk of death or great bodily harm, without due caution and circumspection.")
See also California Penal Code 12022.7 -- Great bodily harm. ("(f) As used in this section "great bodily injury" means a significant or substantial physical injury.")
5See same -- use note for involuntary manslaughter instruction. (""Without due caution and circumspection" is defined in CALJIC 8.46 and is equivalent to gross or criminal negligence.")
6Judicial Council Of California Criminal Jury Instruction 581 -- Involuntary manslaughter. ("A person acts with criminal negligence when: [1] He or she acts in a reckless way that creates a high risk of death or great bodily injury; AND [2] A reasonable person would have known that acting in that way would create such a risk. In other words, a person acts with criminal negligence when the way he or she acts is so different from the way an ordinarily careful person would act in the same situation that his or her act amounts to disregard for human life or indifference to the consequences of that act.]")
7California Penal Code 193 -- Involuntary manslaughter; punishment. ("(b) Involuntary manslaughter is punishable by imprisonment in the state prison for two, three, or four years.")
See also California Penal Code 672 -- Offenses for which no fine prescribed; fine authorized in addition to imprisonment. ("Upon a conviction for any crime punishable by imprisonment in any jail or prison, in relation to which no fine is herein prescribed, the court may impose a fine on the offender not exceeding one thousand dollars ($1,000) in cases of misdemeanors or ten thousand dollars ($10,000) in cases of felonies, in addition to the imprisonment prescribed.")
8Van Nuys criminal defense attorney Darrell York is a former police officer who now defends clients charged with involuntary manslaughter and other crimes throughout Los Angeles and Ventura County.
9Judicial Council Of California Criminal Jury Instruction 505 -- Justifiable Homicide: California Self-Defense or Defense of Others. ("The defendant acted in lawful (self-defense/ [or] defense of another) if: [1] The defendant reasonably believed that (he/she/ [or] someone else/ [or] ) was in imminent danger of being killed or suffering great bodily injury [or was in imminent danger of being (raped/maimed/robbed/ )]; [2] The defendant reasonably believed that the immediate use of deadly force was necessary to defend against that danger; AND [3] The defendant used no more force than was reasonably necessary to defend against that danger.")
http://www.shouselaw.com/involuntary_manslaughter.html