Being charged with involuntary manslaughter or any other homicide or violent crime is a very serious criminal accusation. A conviction can result in years of imprisonment and, if you are not a U.S. citizen, potential deportation by immigration authorities after serving your sentence. In such cases, it is crucial to immediately entrust your case to an experienced criminal defense attorney.

How does California define involuntary manslaughter? What rights do you have if charged with manslaughter or any violent crime? What steps should you take when facing manslaughter charges?

These questions can be answered in this brief discussion about manslaughter charges, relevant laws, and your rights. Through this article, you’ll gain insight into what happens when you’re accused of involuntary manslaughter and how a criminal defense lawyer can use their experience to defend you.

What Are the Key Elements of a Homicide Conviction?

Under California law, manslaughter and murder are distinct crimes. Because different situations can result in the death of another person, all 50 U.S. states recognize several types of homicide charges, each carrying different penalties.

If you kill someone in self-defense, it may not be a crime, although you may need to convince a jury that you acted in self-defense. Accidental death may be considered involuntary manslaughter—or may not be criminal at all—but could lead to a wrongful death lawsuit.

California prosecutors may pursue six types of homicide charges: first-degree murder, second-degree murder, capital murder, voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter.

Which Charge Applies to Your Case?

Homicide cases are relatively complex and often involve witness interviews and verification of timelines. Medical evidence often plays a key role. Prosecutors and law enforcement must determine the appropriate charge—and that’s not always easy.

When someone kills or is responsible for another person’s death, the defendant’s state of mind at the time is crucial in determining criminal charges. Was the act planned, intentional, or avoidable?

The key lies in determining the defendant’s mental state during the incident. In such cases, jurors and prosecutors must rely on circumstances and circumstantial evidence to make their determinations.

What Constitutes Involuntary Manslaughter in California?

In this state, involuntary manslaughter is defined as the unlawful, intentional killing of another person—but without premeditation or deliberation. However, it is still considered a serious violent crime.

Manslaughter may be voluntary or involuntary. In California, a conviction for voluntary manslaughter may result in probation, fines, community service, and/or long-term imprisonment.

To be convicted of involuntary manslaughter, there must be evidence of negligent behavior. A negligent driver who causes death could face manslaughter charges. Similarly, an employer who violates mandatory safety protocols resulting in death could be charged with manslaughter.

What Actions May Constitute Manslaughter?

A person may be guilty of manslaughter if, while driving, they kill someone during a lawful but risky act, during an unlawful act that isn’t a felony, or if they intentionally cause a crash for financial gain that leads to someone’s death.

In California, manslaughter can be charged as a felony or downgraded to a misdemeanor depending on the level of negligence. Though police may arrest you for a felony and prosecutors may charge you accordingly, some cases can be reduced through negotiation. A felony conviction for vehicular manslaughter may result in long-term imprisonment.

As with all criminal charges, for any of the three types of manslaughter, the prosecution must prove your guilt beyond a reasonable doubt.

How Can a Lawyer Defend a Manslaughter Case?

If you are charged with manslaughter in Southern California, a manslaughter attorney will review the facts and evidence to build a proactive, effective defense strategy.

In most manslaughter cases, the first goal of your lawyer will be to seek dismissal of the charges. If that is not possible and you are innocent, you should exercise your right to a jury trial.

Common defenses against manslaughter charges include:

  • Self-defense or defense of others: California law allows the use of deadly force if the defendant reasonably believed it was necessary to prevent death or serious bodily harm to themselves or a third party.
  • “Imperfect” self-defense: If you believed force was necessary but your belief was unreasonable, this can reduce the charge. While not a full defense, it may lead to a lesser sentence.
  • Accidental killing: If the death was accidental, involved no negligence or recklessness, and there was no intent to harm, it may not qualify as manslaughter.
  • Insufficient evidence: If your defense attorney can show there isn’t enough evidence to prove you caused the death or acted negligently, you cannot be convicted of manslaughter.

What Should You Do If Facing Manslaughter Charges?

If the evidence against you is overwhelming and a conviction is likely, your attorney may recommend accepting a plea deal rather than going to trial. In most plea agreements, defendants plead guilty to a lesser charge in exchange for a reduced sentence or alternative penalties.

Manslaughter charges bring not only severe legal consequences but also personal repercussions. Your family may suffer greatly. Your career could be destroyed. If you hold a professional license, it may be revoked. If you are not a U.S. citizen, you may face deportation.

If you are under investigation for manslaughter or have been charged, exercise your right to remain silent and do not attempt to defend yourself. Anything you say to police can be used against you, and any misstep can lead to serious consequences.

Whether in California or elsewhere, if you’re facing a manslaughter charge, you must seek a skilled and experienced defense lawyer. A defense attorney can offer sound legal advice, protect your rights, and work to achieve the best possible outcome for your case. Since 1998, the Law Office of Daniel Deng has provided professional representation for many Chinese immigrants facing manslaughter charges, helping clients avoid imprisonment and preserve their immigration status.