How does manslaughter vary from murder? That’s the most common question we face from our clients.
Although both involve unlawfully killing another human, manslaughter differs because it does not carry malice aforethought. And even though it’s a serious crime, the criminal penalties are less severe.
Manslaughter is further divided into subtypes: voluntary manslaughter and involuntary manslaughter. Of the two, voluntary manslaughter occurs when you kill another person in the heat of passion or during a fight.
A murder charge can be reduced to voluntary manslaughter if it can be proved that you were provoked into acting out. In other words, voluntary manslaughter requires immediate provocation.
On the other hand, involuntary manslaughter occurs when you commit a crime and are found guilty of killing another person unintentionally. Here again, the heat of passion is a prominent factor, but there’s a lack of provocation for you to act recklessly.
The criminal penalties vary based on the subtypes. So, in case of voluntary manslaughter as a felony, you can face 3, 6, or 11 years in prison.
For involuntary manslaughter as a felony offense, the court can subject you to 2, 3, or 4 years of prison time.
Additionally, a criminal sentence for a manslaughter conviction can include fines, probation, restraining orders, and mandatory counseling.
All these factors and penalties can be difficult to navigate without retaining a skilled manslaughter attorney in San Diego. For example, an experienced criminal defense attorney can evaluate whether you acted in self-defense or if the death was an accident. It’s also worth considering if you were falsely accused or mistakenly identified as the offender.
When you hire Marc Kohnen at The Law Office of Marc S. Kohnen, you can rest assured of us covering every minute detail. We’ll also inspect if the prosecution obtained the evidence illegally and in violation of your rights. Building a strong case requires a one-on-one meeting with you to discuss your case specifications. And we will stop at nothing until the prosecution proves every evidence beyond a reasonable doubt.
The moment you’re arrested, the prosecution will start building on its case against you. We know the stakes are high. In turn, this can put pressure on the court to convict you. But not if you have a robust defensive strategy to prove your innocence.
We don’t recommend waiting a moment further. So, if you’re facing criminal manslaughter charges, your best bet is to hire a manslaughter attorney in San Diego right away.
Call us today to confirm your appointment, and we’ll determine the best line of defense for you.