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 manslaughter sentence can carry over a decade in prison. Each state has its own criminal laws dealing with manslaughter. There are also several different levels of manslaughter offenses. The sentence will depend on the state and the specific level of offense.
Here are five key things to know about manslaughter penalties:
The sentence for manslaughter will depend on the state and the specific type of manslaughter conviction.
For example, in California, voluntary manslaughter is the most severe type of manslaughter offense. The sentencing range is
However, in New York, the most severe manslaughter offense is aggravated manslaughter in the first degree.2 The aggravating factor is that it was a police officer who was killed. A conviction for this offense carries a minimum sentence of 10 years in prison, and up to 30 years behind bars.3
The manslaughter jail time is not the only penalty a defendant can face. In California, convictions can also carry additional penalties, such as:
In some cases, defendants can also face a wrongful death lawsuit by the victim’s family. This can lead to a substantial civil judgment against the defendant. Avoiding a conviction on these criminal charges is essential. A criminal defense attorney from a reputable law firm can help.
Most states recognize three different types of manslaughter:
All of these offenses involve the unlawful killing of another human being. However, they are all less severe than murder because murder requires premeditation and a malicious intent to kill.
Generally, voluntary manslaughter is the crime of unlawfully killing someone while in the heat of passion, in a sudden quarrel, or based on an incorrect belief of self-defense.4 It is sometimes referred to as first-degree manslaughter.5
Voluntary manslaughter is the most severe of the 3 types of manslaughter. It is a felony. In California, the sentencing range for voluntary manslaughter is 3, 6, or 11 years in state prison. A conviction also carries:
However, voluntary manslaughter in Pennsylvania carries a prison sentence of 10 to 20 years.7
Prosecutors often file voluntary manslaughter charges alongside a homicide charge. The voluntary manslaughter charge is often used in a plea deal. Defendants facing first-degree murder or second-degree murder charges can plead guilty to voluntary manslaughter in order to get the murder charges dropped. The legal advice of a criminal defense lawyer is critical in these cases.
Generally, involuntary manslaughter is the crime of unintentionally causing the death of another person while either:
However, some states define this offense as killing another human life through a reckless or grossly negligent act.9
Because there is no intent to kill, the sentence for an involuntary manslaughter charge is generally lower. However, it is still likely to be a felony offense.
In California, for example, a conviction for involuntary manslaughter carries a sentencing range of 2, 3, or 4 years in state prison. Other penalties include:
Some states refer to the offense as negligent homicide.11 Others have separate statutes that define negligent homicide as a different offense from involuntary manslaughter or second degree manslaughter.12
Vehicular manslaughter, itself, encompasses multiple offenses. Different states divide the offenses differently. In California, they are:
In Colorado, on the other hand, the offense is called vehicular homicide. It only has two types in that state:
To add to the complications, Colorado’s regular, non-DUI vehicular homicide statute requires the reckless driving of a motor vehicle, not merely negligent driving.
Generally, the sentence for vehicular manslaughter will increase if drugs or alcohol are involved. If the driver was not driving under the influence (DUI), the offense might not even be a felony.
For example, a regular, non-DUI vehicular manslaughter case in California is a misdemeanor if it only involves ordinary negligence. The sentence for these offenses carries up to 1 year in jail and:
If the non-DUI vehicular manslaughter case involved gross negligence, it is a wobbler. Law enforcement can charge it as either a misdemeanor or as a felony. They often decide based on the circumstances of the criminal case and the defendant’s criminal history. If charged as a felony, these convictions carry a sentencing range of 2, 4, or 6 years in state prison, as well as:
Similarly, in Colorado, killing someone while driving recklessly can lead to a prison sentence of 2 to 6 years if the defendant is found guilty.16
These sentences increase significantly if the driver is intoxicated.
In Colorado, the sentence for DUI vehicular homicide is 4 to 12 years in prison – twice as high as a non-DUI vehicular homicide case. These charges can be filed against anyone who was under the influence and caused a fatality, even if they were not driving recklessly.17
In California, vehicular manslaughter while intoxicated is the crime of driving under the influence (DUI) and committing an additional act of negligence that leads to the death of another.18 The offense is a wobbler.
If charged as a misdemeanor, it carries a jail sentence of up to 1 year and:
If charged as a felony, the potential prison sentence is up to 4 years, and other penalties include:
Gross vehicular manslaughter while intoxicated is the crime of killing someone else while driving both under the influence and with gross negligence.21 Generally, the prison sentencing range is 4, 6, or 10 years in prison. However, if there is a prior conviction for any of the following criminal offenses on the defendant’s criminal record, it raises the prison sentence to 15 years to life imprisonment:
Convictions also carry:
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.