Involuntary Manslaughter | Penal Code § 192 (b)

Description

Manslaughter is the unintentional killing of someone. Manslaughter can be involuntary in the commission of an unlawful act, or in the commission of a lawful act which might produce death or death as the result of lack of caution. Involuntary Manslaughter does not include death that occurs as a result of a car accident. Gross vehicular manslaughter is a separate crime with distinct and separate punishments. Involuntary Manslaughter does not include self defense where a reasonable fear of death or great bodily harm exists. Examples of Involuntary Manslaughter are skiing at a high rate of speed and causing injury to another skier who subsequently dies or the unintentional discharge of a firearm which kills another person or striking a pedestrian with a bicycle causing death or forcing workers to work in extreme conditions causing death or sending a text message while driving killing a bicyclist.

What does the prosecutor have to prove?

1. Defendant committed a crime or lawful act in unlawful manner;
2. Defendant committed the crime or act with criminal negligence; and
3. The defendant’s acts cause the death of another person. [Cal Crim No. 580]

Punishment

Felony: 2years/3years/4years
With probation 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	No
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	No
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No