Voluntary manslaughter examples include when a person kills another while defending themselves or others, acts in the heat of the moment and causes a fatality, or kills an unfaithful partner. Along with these, voluntary manslaughter can occur due to driving under the influence (DUI). If you have been charged with a DUI-related manslaughter crime, seek legal help.
A Los Angeles DUI lawyer can help you keep your freedom. Your argument will consider legal strategies to contest your murder charge. They may show a court that there was adequate provocation or other circumstances that led to a crime, which could help you avoid the most severe murder penalties.
What Is Voluntary Manslaughter?
This refers to the unlawful killing of another person, and it lacks the element of intent. It is considered a killing brought on by extreme emotional anguish or a sudden act of passion, leading to a lack of self-control. The killing is brought on by the failure to be able to control one’s actions.
With voluntary manslaughter, there must be adequate provocation. With adequate provocation, some circumstances would make a reasonable person lose self-control. If there is sufficient provocation that leads to an impulsive reaction or emotional response, a person could argue self-defense and be charged with voluntary manslaughter in lieu of murder.
Following a driving under the influence accident that leads to a manslaughter charge, meet with a lawyer. At this point, your attorney can explain whether DUI manslaughter is a felony in California. They can also share information about the differences between voluntary and involuntary manslaughter offenses.
What Is Involuntary Manslaughter?
While voluntary manslaughter involves intentional killing and provocation, the involuntary type does not. Involuntary manslaughter refers to an unintentional killing. This occurs when there is no provocation and, instead, a person commits negligent or reckless behavior that results in another individual’s death.
For instance, drunk driving can lead to involuntary manslaughter. An intoxicated driver has a reckless disregard for legal terms and chooses to ignore safety regulations. They can commit actions that lead to an accident in which a party is killed, and they can be held responsible for their actions.
A Los Angeles DUI attorney can explain involuntary manslaughter in depth. If convicted of this crime, you could face prison time and other legal consequences. Your attorney can build a robust defense to contest the charge against you.
What Are Examples of Voluntary Manslaughter?
If you are worried about a manslaughter charge and receiving the maximum sentence for it, consult with a lawyer. Your attorney can teach you about the criminal penalties for premeditated murder and voluntary manslaughter. They can share voluntary manslaughter examples, such as:
- A person kills their partner or spouse in the heat of passion upon finding out that the partner has been unfaithful.
- Someone kills a person in self-defense but uses more force than what a reasonable person would use to protect themselves.
- A parent can be found guilty of voluntary manslaughter if they kill someone they believe was threatening their child. However, a reasonable person would not believe there was an imminent or immediate threat.
- A person fails to practice reasonable control after being taunted or provoked and kills a person.
- Someone causes an intentional fatal injury during a physical altercation.
- A person is being robbed or burglarized and kills a robber in spite of the fact that a reasonable person may have been able to stop this criminal without using excessive force.
- An individual assists another person in committing suicide.
- Someone has a burst of sudden rage and commits an accidental killing while they feel this way.
- A person attempts to discipline or teach someone else a lesson, resulting in a fatality.
- A property owner uses excessive force to protect their property, culminating in someone’s death.
A reasonable person standard may be used to determine if a crime is manslaughter. Meanwhile, a DUI lawyer may consider negligent vehicular manslaughter while intoxicated defenses and others to help their client. They will work in lockstep with their client to help them prove they acted in a way that a reasonable person would.
How Do Voluntary Manslaughter and Murder Differ?
The main distinction between voluntary manslaughter and murder is the presence of intent to kill. Murder involves premeditation and deliberate planning of intentionally taking someone’s life and consists of planning with the intent to kill. With manslaughter, there is no premeditation or objective to kill.
Murder and voluntary manslaughter punishments vary. A person could receive the death penalty based on a murder. Voluntary manslaughter legal consequences can include prison time, probation, community service, and other penalties.
The legal process is challenging, regardless of whether you face a voluntary manslaughter or murder charge. In your DUI case, your attorney will consider the key elements of the incident that led to your arrest carefully. They will look for ways to dispute a prosecutor’s argument and help you defend against long-lasting legal consequences.
What Are the Legal Penalties Associated with Voluntary Manslaughter?
The penalties for voluntary manslaughter depend on the events surrounding the violation, the defendant’s prior convictions, and if there were aggravating factors. Typically, voluntary manslaughter is considered a felony offense. It can carry a state prison sentence of up to 11 years and monetary fines of up to $10,000
There are some exceptions to the penalties outlined above. For instance, a killing happens due to a sudden quarrel, in the heat of passion, or under intense emotional anguish. In any of these instances, a sentence may be reduced to a term of between three and six years.
If you are dealing with a DUI charge under CA Penal Code 192 vehicular manslaughter or other California statutes, do not go through the legal process alone. A manslaughter defense lawyer can assist you with your DUI case. By working with an experienced defense lawyer, you can prepare a proactive defense.
Are There Other Consequences Associated with a Voluntary Manslaughter Conviction?
There are steep penalties that can come with a voluntary manslaughter conviction. The key elements that determine these consequences depend on the facts of a case. In addition to these, you could face problems that extend beyond your control following a voluntary manslaughter conviction, including:
- Loss of civil rights such as the right to own a firearm or the right to vote for a period of time
- Difficulty securing housing since many landlords run background checks on potential tenants
- Lost wages during court and jail time, as few employers will hold a job for someone while they are imprisoned
- Denial of loans and credit applications
- Inability to go to school and pursue educational advancement opportunities
- Child custody and visitation issues
- Professional licenses and certifications can be revoked or suspended if convicted, making employment even more difficult
- Personal relationships can suffer
A DUI lawyer in Los Angeles protects your legal rights throughout your litigation. They can provide you with details about how many years in prison you can get for DUI manslaughter and heat of passion killing. Ideally, they can find a way to get your voluntary or involuntary manslaughter charge reduced or dismissed.
Can a Voluntary Manslaughter Violation Be Reduced to a Lesser Charge?
A voluntary manslaughter charge can be reduced to a less serious offense like reckless homicide or involuntary manslaughter. Whether this is possible will depend on the circumstances of the case and negotiations with the prosecutor. This is another reason you want to ensure that you have proactive legal counsel to advocate for you in these matters.
To prove that your charge should be reduced, it helps to consider how a reasonable person will treat your case. Your lawyer can gather evidence and build a complete defense on your behalf. If they are successful, a reasonable person may believe you should not be punished to the fullest extent of the law.
Your defense against charges of voluntary or involuntary manslaughter should account for your body of proof. It may consist of a heat of passion defense or other legal strategies. If your defense is clear, concise, and to the point, it may compel a court to rule in your favor.
What Should I Do if I Face Criminal Charges for Voluntary Manslaughter?
Remember, a voluntary manslaughter charge is a serious offense, and it deserves your undivided attention. Ask a criminal defense lawyer to review your case. They can explain the common term of imprisonment associated with your crime and offer legal tips to help you contest your charge, such as:
Collect a Wide Range of Evidence
It is not enough to say that you were involved in a sudden quarrel that quickly escalated and led to a fatality. Alternatively, you may need surveillance footage, medical records, and other proof to support your argument. In a case involving bodily harm and aggressive behavior, your evidence could help you show you should not be convicted.
Focus on Contesting the Prosecution’s Case
A prosecutor may get witness statements and other proofs in the hopes of gathering valuable insights to use against you. Consider how the prosecutor may present their case against you and tailor your legal response accordingly. Your lawyer can explain legal elements you could use to explain why you deserve a lighter sentence than the one being proposed.
Prove a Lack of Intent
The potential penalties of a crime in which there was malicious intent can be substantial. Your attorney can explain the exact penalties associated with your criminal charge. They can work with you to develop an argument that explains there was no malicious or premeditated intent, which could make it difficult for a court to impose the maximum prison sentence.
Offer an Alibi
You may be charged with a manslaughter crime even though you have an alibi. In this scenario, your lawyer can present evidence that explains you were nowhere near the scene of a crime when it happened. Your attorney could craft a defense strategy that makes it clear that your alibi is valid, which could prompt a prosecutor to drop their case.
As you face the aftermath of a DUI voluntary manslaughter charge, let your lawyer assist you every step of the way. A DUI attorney in Los Angeles can explain Section 9 of the California Driver’s Handbook and how you may be able to show you were not operating a vehicle while intoxicated. They will address your legal concerns and questions as well.
Partner with a Los Angeles DUI Lawyer Who Understands the Complexities of Voluntary Manslaughter Cases
It is a complex process to dispute a DUI voluntary manslaughter charge in California. You do not have to go through this process by yourself. Discuss your case with a DUI lawyer, and they can help you take appropriate legal action.
Ask a Los Angeles DUI lawyer who has handled thousands of cases to assist you with your legal proceedings. As your legal representative, your attorney can help you make informed legal decisions. Speak to a DUI attorney today.
