Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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Every crime in California is defined by a specific code section. Our attorneys explain the law, penalties and best defense strategies for every major crime in California.
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DUI arrests don't always lead to convictions in court. Police officer mistakes, faulty breathalyzers and crime lab errors may get your charges reduced or dismissed. Visit our California DUI page to learn more.
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A criminal record can affect job, immigration, licensing and even housing opportunities. In this section, we offer solutions for clearing up your prior record.
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Accidental homicide is where you kill someone in the course of a lawful act that is done with a reasonable belief that no harm will take place. Most jurisdictions say that an accidental killing is not a crime.
However, you could face criminal charges if you killed someone on accident while performing an unlawful or negligent act. Most states say that this type of killing amounts to involuntary manslaughter.
Involuntary manslaughter is often confused with voluntary manslaughter. While similar, these are two distinct crimes.
Voluntary manslaughter is where you kill another person either:
You cause an “accidental death” if you take the life of another human being, and the death occurs in the commission of an act that is:
Consider, for example, a real accidental death case in Massachusetts. In 2020, a Massachusetts man accidentally killed his neighbor with a crossbow after trying to save a person from a Pitt Bull attack. The crossbow bolt actually went through a dog, then through a closed door, and then fatally struck the neighbor.2
This incident amounts to accidental death because the killing took place during a legal act, or the shooting of a crossbow. Further, a reasonable person could not have believed that the bolt would travel through both a dog and door before striking the neighbor.
Accidental homicide does not usually lead to criminal liability or criminal charges. Some states even have statutes that expressly say this.3
No. The definition of “involuntary manslaughter” varies between different jurisdictions. However, the crime is generally viewed as an unintentional killing that takes place during either:
While an accident can lead to an involuntary manslaughter charge, your acts within the accident must have been either:
Involuntary manslaughter charges are filed as felony offenses (as opposed to misdemeanors) that can result in several years in county jail or state prison.
In some jurisdictions, involuntary manslaughter is referred to as “negligent homicide.”
The criminal laws of most states say that voluntary manslaughter is where a person causes the death of another person and does so either:
An example of voluntary manslaughter is when a person kills another in the “heat of passion.”
Voluntary manslaughter charges are more serious than involuntary manslaughter charges, but less serious than
Voluntary manslaughter is a felony offense punishable by years, even decades, in prison.
A true accidental death will typically not result in any criminal charges. Therefore, you will not need to use a legal defense since there are no criminal charges.
But you can invoke self-defense defense to challenge any type of manslaughter charge.
In order to succeed in the defense, you must generally show that:
For more in-depth information, refer to these scholarly articles:
A former Los Angeles prosecutor, attorney Neil Shouse graduated with honors from UC Berkeley and Harvard Law School (and completed additional graduate studies at MIT). He has been featured on CNN, Good Morning America, Dr Phil, The Today Show and Court TV. Mr Shouse has been recognized by the National Trial Lawyers as one of the Top 100 Criminal and Top 100 Civil Attorneys.