Rizio and Nelson California Law Blog

Manslaughter is characterized as killing a person exclusive of premeditation or malice aforethought. The term “malice aforethought” indicates having a wicked intent preceding the killing. Like murder, there are different degrees of seriousness of manslaughter: voluntary and involuntary.

A) Voluntary manslaughter is described as a killing upon a sudden fight or in the heat of passion. Voluntary manslaughter means that while the individual had an objective to kill, the killing was motivated, such as during a disagreement. This denotes being in the “heat of passion.” Voluntary manslaughter may also be perpetrated during the commission of a felony.

Examples of voluntary manslaughter include:
1) Getting into a brawl at a bar and hitting someone over the head with a beer container, causing death.
2) Where a burglar breaks into a warehouse and comes across a security guard, who he knocks down a flight of stairs, resulting in the guard’s death.

In order to underline the distinction between murder and manslaughter, if either of the preceding perpetrators used a gun, they would have been charged with murder. This is because bringing a deadly weapon is a deliberate act, unlike a spontaneous act. Voluntary manslaughter is liable to be punished by by imprisonment in the state prison for 3 to 11 years.

B) Involuntary manslaughter is classified as killing in the commission of an unlawful act, not equaling a felony; or in the commission of a lawful act that might cause death, in an unlawful manner, or without concern. This does not refer to acts committed while driving an automobile.

An illustration of involuntary manslaughter includes the instant rage in finding a loved one in bed with someone else. The killing must transpire during the heat of this “rage,” before the rage has had an opportunity to “cool.” If there is proof of premeditation or if the killing happened after a duration of time in which a normal person would have had time to calm down, the killing will be charged as murder. Involuntary manslaughter is punished by imprisonment in the state prison for two to four years.

If you or someone you love was arrested and charged with voluntary or involuntary manslaughter, please contact criminal defense attorneys Rizio and Nelson right away.