Criminal Attorney Roseville – Involuntary Manslaughter
Serving Placer County including: Roseville, Rocklin, Colfax, Lincoln and Auburn, CA
Involuntary manslaughter is a serious offense with very serious penalties if convicted. It is highly recommended for the defendant, the person charged with this offense, to speak to an experienced criminal attorney Roseville. An experienced criminal defense attorney will advise you of your rights and protect them throughout the investigation process and trial.
California Penal Code Section 192 defines manslaughter as the unlawful killing of a human being without malice, which means without criminal intent. Section (b) defines involuntary as, “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. In sum, involuntary manslaughter refers to an unintentional killing that results from recklessness or criminal negligence, or from an unlawful act.
In order to be charged with this offense three types of criteria must be met:
- Someone was killed as a result of the defendants actions;
- The act was either inherently dangerous to others or was done with reckless disregard for human life;
- The defendant knew or should have known his or her conduct was a threat to the lives of others.
The following is an example of involuntary manslaughter. Joe was fired from his job and later discovered his girlfriend had cheated on him, so he went to the local bar and consumed four alcoholic beverages. On his way home from the bar, Joe hit and killed a pedestrian. In this case, Joe, the defendant, killed someone, satisfying criteria one. His act of driving was dangerous to others because he consumed alcohol, satisfying criteria two; and he knew his conduct, the act of driving after consuming alcohol, was a threat to the lives of other, satisfying criteria three.
As a result of Joe’s behavior, he will most likely be charged and convicted of a felony, subjected to a jail or prison sentence, fines, or both. The State of California may consider Joe’s prior or current felony conviction record when determining his punishment.
Generally, the charge for involuntary manslaughter at both the federal and state level is a felony (under extraordinary circumstances, the defendant may be charged with a misdemeanor offense.) It may be punished by a term of imprisonment for one, two, three, or four years in county jail or state prison, plus fines and probation.
If a loved one or you has been charged with involuntary manslaughter, call criminal attorney Roseville at our office today. We will inform you of your rights, answer all of your questions and concerns, and advise you of the best legal options available for your case. The initial consultation is free.
There’s no substitute for a strong criminal attorney Roseville,
call Wing & Parisi at (916) 441-4888.
The Law Office of Wing & Parisi serves clients in the Placer County including Roseville, Rocklin, Auburn, Colfax and Lincoln. Hablamos espanol. – Find us on Google+