Law Offices of Michael E. Cindrich, APC 225 Broadway, Suite 2100 San Diego, CA 92101

Involuntary Manslaughter

Involuntary manslaughter is a serious felony offense in California that occurs when a person unintentionally causes another person’s death through criminal negligence or while committing an unlawful act not amounting to a felony. Unlike murder or voluntary manslaughter, involuntary manslaughter does not involve malice or intent to kill. However, the law treats this offense as a severe breach of responsibility because it involves conduct so reckless or careless that it endangers human life.

These cases often stem from tragic accidents, a physical altercation that goes too far, careless handling of a firearm, or negligent professional behavior that results in death. Prosecutors and investigators frequently interpret such accidents as crimes, leaving ordinary people facing life-changing felony charges. The emotional toll can be overwhelming, especially when the defendant never meant to cause harm.

A conviction for involuntary manslaughter can lead to years in state prison, steep fines, and a lifelong criminal record that affects employment, licensing, and personal relationships. Because the line between an accident and a crime is legally complex, having skilled legal representation is crucial to ensure your side of the story is heard and properly defended.

San Diego Involuntary Manslaughter Defense Attorney

If you or a loved one has been accused of involuntary manslaughter under California Penal Code Section 192(b), you are facing one of the most complex and emotionally charged criminal allegations under state law. These cases require not only legal skill but also compassion and a deep understanding of forensic evidence, medical causation, and witness credibility.

Attorney Michael E. Cindrich is a seasoned San Diego criminal defense lawyer with extensive experience handling homicide-related cases, including involuntary and voluntary manslaughter. He understands how prosecutors build their cases and what weaknesses can be exploited in your defense. From investigating the scene and consulting with forensic experts to challenging witness accounts and negotiating with prosecutors, he works tirelessly to achieve the best possible outcome.

At the Law Offices of Michael E. Cindrich, we believe that a single mistake or moment of poor judgment should not define your future. We provide aggressive and personalized representation to clients across San Diego County, including Chula Vista, Carlsbad, Escondido, El Cajon, and Vista.

Call (619) 262-2500 today for a free and confidential consultation to discuss your case, your rights, and the most effective defense strategies available.

Overview of Involuntary Manslaughter Charges in San Diego

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Definition of Involuntary Manslaughter

Under Penal Code Section 192(b), involuntary manslaughter is defined as the unlawful killing of a human being without malice, occurring:

  1. During the commission of an unlawful act not amounting to a felony, or
  2. During the commission of a lawful act in an unlawful manner, or
  3. Through criminal negligence.

Involuntary manslaughter differs from murder and voluntary manslaughter because it does not involve intent to kill or conscious disregard for human life. Instead, it focuses on careless, reckless, or negligent actions that unintentionally cause another person’s death.

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Examples of Involuntary Manslaughter

Involuntary manslaughter cases can arise in many situations, including:

  • A bar fight where one person pushes another, causing a fatal fall.
  • Mishandling a firearm that discharges accidentally and kills someone.
  • Leaving dangerous machinery running, leading to a worker’s death.
  • A caregiver failing to provide medical attention, resulting in fatal neglect.
  • Recklessly handling controlled substances or prescribing medication improperly.

Even when the death is accidental, the law holds individuals accountable if their behavior shows a gross deviation from ordinary care.

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Penalties for Involuntary Manslaughter in California

Involuntary manslaughter is charged as a felony and carries the following potential penalties:

  • Two, three, or four years in state prison;
  • A fine of up to $10,000;
  • Formal probation and restitution to the victim’s family;
  • Loss of professional licenses and firearm rights;
  • Immigration and employment consequences for non-citizens or licensed professionals.

If the death occurred due to the defendant’s negligent handling of a firearm, or while violating safety laws, prosecutors may pursue enhanced penalties or related firearm charges.

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Differences Between Involuntary and Voluntary Manslaughter

Although Involuntary and Voluntary Manslaughter fall under California Penal Code Section 192, they differ substantially in terms of intent, circumstances, and penalties.

  • Intent and Mental State: Voluntary manslaughter involves an intentional killing that occurs in the “heat of passion” or during a sudden quarrel. Involuntary manslaughter, by contrast, involves no intent to kill, the death results from criminal negligence or an unlawful act.
  • Circumstances: Voluntary manslaughter typically arises from emotionally charged encounters, such as domestic disputes or fights. Involuntary manslaughter often results from careless actions like improper firearm handling, reckless driving, or workplace negligence.
  • Penalties: Voluntary manslaughter carries a potential state prison sentence of 3, 6, or 11 years, whereas involuntary manslaughter carries a sentence of 2, 3, or 4 years. Voluntary manslaughter is considered more severe because it involves intentional or impulsive violence.

Understanding this distinction is crucial in building a defense, as your attorney may be able to argue that the facts align with involuntary manslaughter rather than the more serious voluntary manslaughter charge.

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Defenses to Involuntary Manslaughter Charges

Several legal defenses can be raised to challenge an involuntary manslaughter allegation. Common defenses include:

  • Lack of Criminal Negligence: Ordinary negligence or a tragic accident is not enough to sustain a conviction. The defense can argue that your actions were reasonable under the circumstances, and the death was unforeseeable.
  • Act Was Lawful and Properly Performed:
    If the defendant was performing a lawful act with due caution and within professional or personal standards, criminal liability should not apply.
  • Causation Issues: The prosecution must prove that the defendant’s conduct directly caused the death. If the death was due to an intervening event, medical negligence, or the actions of another, causation may be broken.
  • Self-Defense or Defense of Others: If the death occurred during a lawful act of self-defense or defense of another person, the defendant’s actions may be excused.
  • Insufficient Evidence: Many cases rely on circumstantial evidence, expert interpretation, or conflicting witness statements. A skilled attorney can expose weaknesses in the state’s evidence and raise reasonable doubt.

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Role of a San Diego Involuntary Manslaughter Defense Attorney

Defending against an involuntary manslaughter charge requires a detailed investigation and a strong understanding of causation, medical evidence, and criminal negligence law.

  1. Comprehensive Case Evaluation: Your attorney will examine the evidence, autopsy reports, witness statements, and expert testimony to assess whether criminal negligence truly existed.
  2. Independent Expert Analysis: A defense lawyer may work with forensic experts, accident reconstructionists, or medical specialists to challenge the prosecution’s theory of causation or intent.
  3. Negotiation and Plea Bargaining: When evidence supports a lesser charge, your attorney may negotiate for a reduced sentence, probation, or dismissal based on mitigating factors.
  4. Pretrial Motions: Filing motions to exclude prejudicial evidence or suppress unlawfully obtained statements can significantly weaken the prosecution’s case.
  5. Trial Strategy: Your lawyer will craft a defense narrative that demonstrates the absence of intent, unforeseeable circumstances, or lawful conduct performed with reasonable care.

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Key Elements the Jury Considers in Involuntary Manslaughter Cases

When evaluating an involuntary manslaughter charge, jurors must decide whether the defendant’s conduct meets the high threshold of criminal negligence. Key elements they consider include:

  • Whether the defendant acted in a reckless or grossly negligent manner, beyond ordinary carelessness.
  • Whether the death was reasonably foreseeable as a likely consequence of the defendant’s actions.
  • Whether the defendant was engaged in a lawful act performed unlawfully, or an unlawful act not amounting to a felony.
  • Whether there was a direct causal link between the defendant’s actions and the death.
  • Whether evidence suggests the defendant intended to harm or act with conscious disregard, which, if proven, could elevate the charge to voluntary manslaughter or murder.

The prosecution must prove each element beyond a reasonable doubt. If the jury finds the death was accidental or that the conduct did not rise to criminal negligence, they must acquit.

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Frequently Asked Questions About Involuntary Manslaughter in California

Can I be charged with involuntary manslaughter for an accident?
Not all accidents qualify. The prosecution must prove that your actions were criminally negligent, meaning you acted in a way that showed a reckless disregard for human life or safety.

Is involuntary manslaughter considered a strike offense?
Typically, no. Involuntary manslaughter is not a strike offense under California’s Three Strikes law unless it is linked to another violent felony.

What is criminal negligence?
Criminal negligence is behavior so reckless that it demonstrates a complete disregard for the safety and lives of others. It goes far beyond simple carelessness or error in judgment.

Can involuntary manslaughter charges be reduced or dismissed?
Yes. If the evidence does not prove criminal negligence or unlawful conduct, your attorney may argue for dismissal or reduction to a lesser offense such as negligent homicide or reckless endangerment.

What happens if the death was caused by medical malpractice or another person’s actions?
If another party’s negligence or intervention caused the death, your attorney can argue that the chain of causation was broken, meaning you cannot be held criminally liable.

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Additional Resources

California Penal Code Section 192(b) – Involuntary Manslaughter: This statute defines the legal distinctions between voluntary and involuntary manslaughter and outlines the specific elements prosecutors must prove in an involuntary manslaughter case.

California Penal Code Section 193 – Punishment for Manslaughter: This section outlines the sentencing guidelines for manslaughter offenses in California, including potential prison terms, fines, and aggravating circumstances.

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Hire a Defense Attorney for Involuntary Manslaughter Charges in San Diego County, CA

An involuntary manslaughter charge can have life-altering consequences, even for those who never intended harm. The Law Offices of Michael E. Cindrich defend clients throughout San Diego County, including Chula Vista, Escondido, El Cajon, Carlsbad, and Vista. Call (619) 262-2500 today to schedule a free consultation and learn how we can help protect your rights, your freedom, and your future.