Manslaughter is the unlawful killing of a human being wtihout malice. (Penal Code Section 192).

There are two primary distinctions between Murder and Manslaughter.

          First, Manslaughter is the killing without malice;

          Second, Manslaughter does not apply to the killing of a fetus wehn the killing lacks malice.

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There are thre catagories of Manslaughter:

          (1)  Voluntary

          (2)  Involuntary

          (3)  Vehicular

Voluntary Manslaughter (Intent to Kill)

Requires and intent to kill as does First and Second Degree Murder but the primary distinction between them is that a defendant charged with Voluntary Manslaughter lacks malice because the defendant acts upon a sudden quarrel or heat of passion or actted in imperfect self-defense or defense of another.

Punishment: State prison for 3,6 or 11 years.

Involuntary Manslaughter (No Intent to Kill)

The killing resulting from:

          (1)  the commission of an unlawful act, not amounting to a felony, or;

          (2)  in the commission of a lawful act which might produce death in an unlawful manner,or;

          (3)  without due caution or circumspection.

Punishment: State prison for 2,3 or 4 years.

Distinction between the two: 

The distinction between Voluntary Manslaughter and Involuntaary Manslaughter "depends on whether the person was aware of the risk to life that his or her actions created and consciously disregarded that risk. An unlawful killing caused by a willful act done with full knowledge and awareness that the person is endangering the life of another, and done in conscious disregard of that risk, is Voluntary Manslaughter or Murder. An unlawful killing resulting from a willful act committed without teh intent to kill and without conscious disregard of the risk to human life is Involuntary Manslaughter." (CALCRIM Jury Instruction No. 580)

Vehicular Manslaughter

You can be convicted of Vehicular Manslaughter when operating a motor vehicular with or without gross negligence. (Penal Code Section 191.5, 192)

If you are found to be either intoxicated or not, you were operating a motor vehicle and your operation of that motor vehicule was the proximate killing of another person you can be charged wtih either:

          (1)  Gross Vehicular Manslaughter while intoxicated (Penal Code Section 191.5 or 192), or;

          (2)  Vehicular Manslaughter with ordinary negligence while intoxicated, or;

          (3)  Gross Vehicular Manslaughter, or;

          (4)  Misdemeanor Vehicular Manslaughter wtih ordinary negligence.

Gross Negligence is defined as " of exercise of so slight of degree of care as to raise a presumption of conscious indifference to teh consequences." (People v. Watson, 30 Cal. 3d 290, 637 P.2d 279, 179 Cal. rptr. 43). An objective standard is used to determine if gross negligence existed.

NOTE: The prosecution has the discretion to charge Second Degree Murder as long as the facts support a finding of Implied Malice (extreme recklessness) under Penal Code Section 188. Implied malice contemplates a subjective awareness of a higher degree of risk than does gross negligence. This happens in DUI cases when there is a killing of another person.

Punishment: Can range from up to 1 year in teh county jail to 10 years in State Prison. A second offense under Penal Code Section 191.5 or certain subsections of Penal Code Section 192 will be punished with a State Prison term of 15 years to life!  

Contact Gregory B. Pike

Toll Free (888) 387-1101 or at gregorypike@gmail.com