Los Angeles Involuntary Manslaughter Attorney
California Penal Code 192(b) PC – Involuntary Manslaughter
Involuntary manslaughter is a serious criminal charge under California Penal Code 192(b), applying when a person unintentionally causes the death of another due to criminal negligence or while committing a non-felony unlawful act. Unlike murder or voluntary manslaughter, involuntary manslaughter does not involve intent to kill, but prosecutors still aggressively pursue convictions due to the severity of the offense.
If convicted, penalties for involuntary manslaughter can include up to four years in state prison, significant fines, and a permanent criminal record. Additionally, a conviction can have long-term consequences, such as difficulty finding employment, loss of professional licenses, and immigration consequences for non-citizens.
At The Law Offices of Arash Hashemi, we know how overwhelming and stressful it can be to face involuntary manslaughter charges. With over 20 years of experience, Los Angeles criminal defense attorney Arash Hashemi has successfully defended clients facing serious criminal accusations. Our legal team will thoroughly investigate your case, challenge the prosecution’s evidence, and craft a strategic defense to achieve the best possible outcome.
Don’t risk your future. If you or a loved one has been charged with involuntary manslaughter in Los Angeles, contact our office today for a free consultation at (310) 448-1529. Let us fight to protect your rights and your freedom.
What Is Involuntary Manslaughter in California?
Involuntary manslaughter, as defined under California Penal Code Section 192(b), occurs when a person unintentionally causes the death of another due to criminal negligence or while committing a non-felony unlawful act. Unlike murder or voluntary manslaughter, involuntary manslaughter does not involve intent to kill. However, prosecutors still treat these cases seriously and pursue harsh penalties.
Key Elements of Involuntary Manslaughter in California
Under Penal Code 192(b), involuntary manslaughter is legally defined as:
“Manslaughter is the unlawful killing of a human being without malice. Involuntary manslaughter occurs in the commission of an unlawful act not amounting to a felony, or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.”
To secure an involuntary manslaughter conviction, the prosecution must prove:
- The defendant’s actions caused the death – The victim’s death must be a direct result of the defendant’s conduct.
- The defendant acted with criminal negligence – The defendant’s behavior must have demonstrated a reckless disregard for human life.
- The act was unlawful or done without due caution – The defendant was either engaging in an illegal act (not a felony) or acting recklessly while performing a lawful act.
Examples of Involuntary Manslaughter Cases
Medical Negligence Leading to Death – A person administers medical care without proper training, causing a fatal injury.
Accidental Firearm Discharge – A person handling a loaded firearm negligently causes an accidental fatal shooting.
Failure to Follow Workplace Safety Rules – A supervisor ignores safety protocols, leading to a fatal workplace accident.
Reckless Handling of Dangerous Tools or Machinery – A person operates heavy machinery carelessly, causing a fatal accident.
Because involuntary manslaughter cases hinge on negligence rather than intent, an experienced Los Angeles involuntary manslaughter attorney can evaluate the facts of your case and develop a strong defense to fight the charges.
Penalties for Involuntary Manslaughter Under California Law
Felony Involuntary Manslaughter (Penal Code 192(b))
- 2, 3, or 4 years in state prison
- Fines of up to $10,000
- Formal probation (in some cases)
- Criminal record affecting employment, housing, and licensing
Sentence Enhancements and Aggravating Factors
Use of a Firearm – If a firearm was involved, sentencing enhancements under Penal Code 12022.5 may apply, adding additional prison time.
Commission of Another Crime – If involuntary manslaughter occurred during the commission of a separate felony, prosecutors may pursue harsher penalties under California’s felony-murder rule.
Prior Criminal Convictions – Defendants with prior convictions, particularly for violent offenses, may face increased penalties under California’s Three Strikes Law.
Acts of Gross Negligence – If the prosecution can prove that the defendant’s actions rose to the level of gross negligence rather than ordinary negligence, the penalties may be more severe.
Can Involuntary Manslaughter Be Charged as a Misdemeanor?
In very limited cases, an attorney may negotiate a plea bargain to reduce an involuntary manslaughter charge to a misdemeanor offense if strong mitigating factors exist. However, involuntary manslaughter is almost always prosecuted as a felony in California.
If you are facing involuntary manslaughter charges, working with an experienced Los Angeles involuntary manslaughter attorney is critical to protecting your rights and minimizing potential penalties.
Legal Defenses for Involuntary Manslaughter Charges in California
One category of defenses available if you are facing involuntary manslaughter charges is arguing that you did not act with the level of negligence required for a conviction. Under California Penal Code 192(b), the prosecution must prove that your actions were criminally negligent—meaning they created a high risk of death or great bodily harm, and that a reasonable person would have recognized that risk. If your actions were accidental or did not rise to the level of criminal negligence, this could be a strong defense.
Similarly, the defense of self-defense or defense of others may apply if you acted in a way that unintentionally resulted in someone’s death while lawfully protecting yourself or another person. If the circumstances show that you reasonably believed you or someone else was in imminent danger of harm, and you responded with appropriate force, this defense could be used to challenge an involuntary manslaughter charge.
Finally, another possible defense is causation, which focuses on whether your actions directly led to the death. Prosecutors must prove beyond a reasonable doubt that your conduct—not an independent factor such as a medical condition, third-party negligence, or an unforeseeable event—caused the fatality. If the evidence shows that another party’s actions were the primary cause of death, or that the outcome was unavoidable despite your actions, the charges may not stand.
Each involuntary manslaughter case is unique, and the best defense strategy depends on the specific facts involved. At The Law Offices of Arash Hashemi, our Los Angeles involuntary manslaughter attorney can evaluate your case, challenge the prosecution’s evidence, and work to secure the best possible outcome.
Contact a Los Angeles Criminal Defense Attorney
At The Law Offices of Arash Hashemi, we understand that facing involuntary manslaughter charges can be overwhelming and life-changing. A conviction can lead to prison time, heavy fines, and a permanent criminal record, affecting your future employment, housing, and reputation. However, with a strong legal defense, you may be able to reduce or dismiss the charges against you.
Attorney Hashemi has over 20 years of experience defending clients in Los Angeles against serious criminal charges. He will personally review your case, analyze the prosecution’s evidence, and develop a tailored defense strategy to challenge the accusations against you. Whether it’s proving lack of criminal negligence, demonstrating self-defense, or exposing flaws in the prosecution’s case, our firm is committed to protecting your rights and fighting for the best possible outcome.
If you or a loved one has been charged with involuntary manslaughter under Penal Code 192(b), contact our office today for a free consultation to discuss your defense options.
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Disclaimer: The content provided here is for informational purposes only and does not constitute legal advice. It is not intended to predict outcomes, as individual circumstances vary and laws may change over time. Those seeking legal advice should consult with a qualified attorney to understand how current laws apply to their specific situation. For detailed legal guidance on the topics discussed, please contact our law firm directly.