Manslaughter is the unintentional yet unlawful killing of another person. There are three main subcategories of manslaughter in California. Understanding which category that a specific crime falls under is necessary to develop a manslaughter case.
The main types of manslaughter
There are three subcategories that manslaughter falls under: voluntary, involuntary and vehicular. Voluntary manslaughter occurs in the heat of passion or in a fit of rage when a person temporarily loses control of his or her senses. This occurs often in fights that unexpectedly become violent and deadly.
Involuntary manslaughter occurs unintentionally while committing another crime that is not a felony. The act cannot be committed while driving a vehicle either. An example is stealing a small amount of merchandise at a store and causing a fight that accidentally results in an employee’s death.
Vehicular manslaughter is divided into three subcategories. The first type of manslaughter involves driving a vehicle while committing an unlawful and with gross negligence. The second type is driving a vehicle while committing a crime but without gross negligence. The third type is driving a vehicle while violating paragraph (3) of subdivision (a) of Section 550 that involves causing a vehicular accident for financial gain that resulted in an unlawful death.
Types of defense for manslaughter
In every case of voluntary, involuntary or vehicular manslaughter, there is a clear lack of motive to kill. The defendant’s lawyer must prove this lack of intent to secure a reduced charge or sentence. Winning a case is possible by selecting the right type of criminal defense professional.
A further explanation of manslaughter
Although manslaughter is one category of crime, there are subcategories that are based on different circumstances of the same crime. Not every case of vehicular manslaughter is classified in the same subdivision. The first step when starting a criminal case is to select the right classification for the crime.