San Fernando Valley Involuntary Manslaughter Attorney
LEARN WHAT CAN BE DONE TO HELP YOU IF YOU HAVE AN INVOLUNTARY MANSLAUGHTER CASE
Most of the Involuntary Manslaughter cases that I see filed in San Fernando Valley courthouses are related to driving related offenses where someone ends up being killed because of the actions of another person.
In order to convict someone for and involuntary manslaughter driving related offense, the prosecutors must prove that the subject driver violated a traffic law, such as DUI, and as a result of that violation someone died.
That means that the prosecutors must prove two key things. First, they must show that the person they charged with Involuntary Manslaughter actually violated a law. Sometime accidents happen and someone dies and no one actually violated a law and therefore it is not right for the prosecutors to charge the person who survived the accident with a crime.
This is obviously where a savvy defense attorney comes in to fight for the client and prove to a judge or jury that their client is innocent and should not be charged with a crime. Sometimes it is simply an accident and it is not fair to charge a crime.
Another important thing that the prosecutors must prove in these case is that the person who violated the traffic law also was the cause of the death. Sometimes just because a person violates a law does not mean that they are responsible for the death.
This causation issue is an important one in Involuntary Manslaughter cases and can be used as a powerful defense for clients charged with these crime. Sometimes the person who dies is responsible for their own death and the other party in the accident should not be held as the cause.
Again, this is where a seasoned criminal defense attorney is invaluable in saving the day for their client. Sometimes there has to be a fight for what is right.
Finally, there are scenarios where there is more than one cause of an accident. In this case, in order for the prosecutors to convict someone of Involuntary Manslaughter, they will have to prove that the person they want to charge was a “substantial factor” in the accident that resulted in the death.
These types of cases are complicated and only the best defense attorneys should be dealing with them. If you or a loved one is in trouble come and sit down with me and we will figure out your best defense.
Legal Definition of Involuntary Manslaughter
Involuntary manslaughter is the act of unlawfully killing another human being unintentionally. Unlike murder or voluntary manslaughter, there is no intent to kill.
Involuntary manslaughter is defined under California Penal Code section 192(b) as an unlawful killing that takes place during the commission of an unlawful act such as a misdemeanor or infraction or during a commission of a lawful act that involves a high risk of death or great bodily harm committed recklessly amounting to criminal negligence.
For an act to be considered criminally negligent, the death must have been a foreseeable consequence of the reckless and negligent act. If you are convicted of involuntary manslaughter you may face up to 4 years in prison and up to $10,000 in fines.
Our Manslaughter Attorneys at the Hedding law Firm will assert any and all applicable defenses on your behalf. For example, if you have a reasonable belief that you were protecting yourself or another person from immediate death or great bodily harm, we may assert the defense of self defense or defense of others.
Another defense is the defense of accidents, meaning that you had no intent to cause harm and you did not act in a reckless and criminally negligent manner. Other defenses are insufficient evidence, false accusations, wrongful arrest.
We will investigate the charges thoroughly and do everything we can to build a strong case on your behalf and get you the best possible results. Do not lose control over your situation and contact us at the firm and set up a free face to face consultation.