Pena Code 192 defines manslaughter is the unlawful killing of a human being without malice aforethought. There are two different kinds of manslaughter—(1) voluntary and (2) involuntary. The main distinction between murder and manslaughter is that if you kill someone without the proper mental state, then it is manslaughter (such as heat of passion, accidentally, etc.)
Voluntary Manslaughter – A killing is deemed voluntary manslaughter usually if it occurs in the heat of passion without planning it out ahead of time.
Involuntary Manslaughter – A killing is deemed involuntary manslaughter usually if it occurs when a death is an indirect result of recklessness or negligence. This is oftentimes seen in situations where someone commits a traffic infraction and someone ends up dying.
If you are being investigated for a criminal offense, or have been charged with a criminal offense, and want to know how to best proceed, please contact the attorneys at Jackson Law online or call Jackson Law at 650-587-8556.