Manslaughter charges arise in a variety of contexts, from misunderstandings and overreactions to self-defense and auto accidents. When you need an ally who will listen to your story and protect your rights, call the dedicated homicide attorneys at Walsh & Nguyen.
We listen intently to our clients to learn the details of their situation, considering all the minute aspects that will form a powerful defense. You are entitled to a competent attorney to rebut the prosecutor’s accusations. When you find yourself in trouble, call a Folsom manslaughter lawyer.
Manslaughter, according to California Penal Code § 192, is a killing in which malice is not a factor. Manslaughter charges include voluntary, involuntary, and vehicular forms of the crime. Voluntary manslaughter involves killing in the heat of passion or during a sudden quarrel with no time to regain one’s judgment (otherwise, the charge would be premeditated murder) or killing while unreasonably, but in good faith, defending someone else. Some examples of voluntary manslaughter include killing a trespasser or assisting a dying friend to commit suicide.
The prosecutor must prove beyond a reasonable doubt that the defendant was provoked into committing an act of passion or used rash judgment leading to another’s death. Our Folsom manslaughter attorneys are highly experienced at refuting these charges and have the track record to prove it. We listen closely to each client’s story to create the building blocks for a good defense. For instance, if a person reasonably believed their or their friend’s life was in danger when they killed an assailant, we could plead self-defense. Other elements, such as a clean criminal record, also matter.
Voluntary manslaughter is a felony in California. The range of punishment includes probation with up to a year in jail or three, six, or 11 years in prison. Up to $10,000 in fines are also possible. In addition, convictions could result in community service, anger management counseling, and the loss of the right to own a firearm.
When someone is killed, and the responsible party had no intention to kill or seriously harm them, the prosecutor will charge involuntary manslaughter. The defendant must also have committed a careless act short of a felony, such as failing to control a dog known to be extremely aggressive. Ca. Pen. Code § 193 states that involuntary manslaughter is punishable by at least two but no more than four years in prison. In the event of an accidental death, a manslaughter attorney in Folsom could help dispute claims of premeditation and lower the charges to involuntary manslaughter.
According to Ca. Pen. Code § 192.5, vehicular manslaughter is predicated on reckless driving behaviors that lead to a death, such as driving distracted, speeding, or careening through a crosswalk and hitting a pedestrian. A person’s sentence depends on the circumstances but can be from less than one year in jail to 10 years in prison. Our Folsom manslaughter attorneys have been successful in getting these charges dismissed or reduced to the least restrictive penalties.
At Walsh & Nguyen, our law firm limits cases so we can fully focus on our clients. We are easy to talk to and eager to hear what happened to you. We build a detailed response to the prosecutor’s charges and have a proven track record of winning our cases. Contact a Folsom manslaughter lawyer today to learn how we could help you.