SACRAMENTO CRIMINAL LAWYER
Manslaughter is the unintentional killing of another human being. There are three types of manslaughter that can take place: voluntary, involuntary, and vehicular manslaughter. Voluntary manslaughter is more serious than involuntary manslaughter, and the punishment is accordingly stiffer. For example, if a death occurs upon a sudden quarrel or heat of passion, you may be charged with voluntary manslaughter.
Voluntary manslaughter is an intentional killing without malice aforethought. Usually there are some mitigating circumstances that justify reducing a murder charge to the lesser offense of manslaughter.
A common example of voluntary manslaughter is a killing committed in the “heat of passion” by a husband who finds his wife in bed with another man. If the wronged husband kills before a reasonable person in the same situation would have cooled off, the killing, although still unlawful, is usually reduced from murder to voluntary manslaughter. But if the husband did not act immediately and instead plotted the killing for a few weeks, there would be a good argument that he is guilty of murder because he waited beyond a reasonable cooling-off period before acting.
- If convicted of violating Penal Code 193(a) PC California’s voluntary manslaughter law, you face 3, 6, or 11 years in a California state prison. A voluntary manslaughter conviction can also trigger other penalties and punishments, such as, a potential strike.
By contrast, involuntary manslaughter is the unintentional killing of another person from reckless or criminal negligence without express or implied intent to do so.
- If convicted of violating Penal Code 193(b) Involuntary manslaughter law, you are punishable by imprisonment pursuant to subdivision (h) of Section 1170 for 2, 3, or 4 years.
If you or someone you know is being charged with Voluntary, Involuntary, or Vehicular Manslaughter you need to contact Sacramento criminal lawyer Alin Cintean for consultation. Having an experienced, professional and trusted defense lawyer by your side can make all the difference for your future. The Law Offices of Alin Cintean has experience handling all sorts of criminal cases throughout Sacramento and Northern California. Give us a call at (916) 441–3500 for a legal consultation.
CRIMINAL DEFENSE LAWYER SACRAMENTO
Vehicular manslaughter in California is considered a “wobbler” meaning it can be charged as either a felony or misdemeanor depending on the facts of the case and also prior criminal punishment.
You commit a vehicular manslaughter crime in California if:
- while driving a vehicle you commit an unlawful act that is not a California felony or a lawful act that may cause death;
- you commit the act with either negligence or “gross negligence”; or
- as a result of your negligence, someone is killed.
The penalties depend on whether you acted with gross negligence or ordinary negligence. If committed with gross negligence, you could be charged with either a felony or misdemeanor. The maximum sentence for a misdemeanor is 1 year in county jail but 6 years in a state prison for a felony. If you acted with ordinary negligence, it would be considered a misdemeanor and it will be a maximum of 1 year in jail. If you are involved in a vehicle accident that has killed someone, you are most likely already grieving and the thought of the legal complications is terrifying. If you find yourself in this situation, contact an attorney who can help you.
You may also be placed on probation in which you cannot violate any law (other than traffic). You must visit your probation officer as often as required, perform community service and pay restitution to the family of the victim. If you flee the scene of the crime, you will be charged an additional 5 years of state prison. Additionally, your license will be suspended for at least a year, possibly more. If you find yourself in any of these situations, contact a Sacramento criminal lawyer as a charge in vehicular manslaughter is life changing.
If you or someone you know is being charged with Vehicular Manslaughter you need to contact Sacramento criminal lawyer Alin Cintean for consultation. Having an experienced, professional and trusted defense lawyer by your side can make all the difference for your future. The Law Offices of Alin Cintean has experience handling all sorts of criminal cases throughout Sacramento and Northern California. Give us a call at (916) 441–3500 for a legal consultation.
CRIMINAL LAWYER SACRAMENTO
Murder is the unlawful killing of one human being by another human being with malice aforethought. “Malice aforethought” means in a particularly evil or heinous state of mind. Malice aforethought does not mean that the murder though about killing the victim beforehand or even meant to kill him or her. Rather, malice aforethought includes all of the following situations:
Intentionally killing the victim. One person deliberately, and without legal justification, takes the life of another person—a murder in “cold blood.” Intending to harm the victim seriously. Doug beats Jerry over the head with a lead pipe, intending only to knock Jerry out, but not to kill him. If Jerry dies of the injuries inflicted by Doug, Doug is guilty of murder. This is because of the likelihood that death can result from a serious injury.
Killing someone during the course of a dangerous felony, such as a burglary, robbery, rape, or arson. For example, during a bank robbery (actually, a burglary), the bank guard draws his gun and is shot and killed by the felon. Even though he was acting to save his own life, the felon is guilty of murder. The felon was committing a dangerous felony and in effect invited this type of reaction from the guard. Committing a killing during the course of a dangerous felony is known as the “felony-murder rule.”
Doing something that has a high risk of death or serious injury, in disregard of the consequences. Suppose Ben shoots into a crowd but doesn’t intend to shoot anyone in particular; indeed, he may not intend to shoot anyone at all. The bullet strikes a young girl and kills her. Or suppose Ben shoots at a passing train full of commuters and kills someone he never even saw. In both examples, Ben is guilty of murder because of the strong probability that his act would kill or seriously hurt someone. This type of murder is called a “depraved heart” killing.
Killing a police officer while resisting arrest. A person who kills a police officer while resisting a lawful arrest is guilty of murder, even if the person didn’t intend to kill the officer.
Our dedicated criminal defense team strenuously defends you against murder and manslaughter charges in Sacramento. Contact Sacramento criminal lawyer Alin Cintean for answers to all your questions about homicide charges. You can contact us online or by telephone at (916) 441-3500 to make an appointment with Alin Cintean.