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    How Does Voluntary Manslaughter Differ From a Murder Charge?

    Posted on: August 19th, 2024 by Dod Law

    criminal justiceContending with the aftermath of someone’s sudden death is disconcerting under the best of circumstances. How can you distinguish between the criminal charges California levels against you? Is there a concrete difference between charges like voluntary manslaughter and murder?

    As a matter of fact, there are distinctions between voluntary manslaughter, involuntary manslaughter, and murder charges. Dod Law can break these distinctions down so you can better understand what charges you need to challenge in criminal court.

    Defining Murder and Manslaughter

    California describes the act of murder as a deliberate, premeditated killing of one person by at least one other. However, the primary distinction between murder and manslaughter comes in the intentionality of the act. 

    California describes manslaughter as the unintentional killing of another person. Involuntary manslaughter is when someone accidentally causes someone’s death, often by unchecked recklessness or negligence. On the other hand, voluntary manslaughter sees someone purposefully kill another person but without premeditation.

    Intentionality in Voluntary Manslaughter and Murder Cases

    More specifically, a California resident may face accusations of murder if they intended to cause someone bodily harm, planned that harm, and enacted it. Crimes of passion may not constitute murder in a legal sense because they were not planned out in advance. As such, crimes of passion are most often classified as voluntary manslaughter cases.

    Notably, both of these crimes constitute homicides. The term “homicide” describes the broader range of cases involving a victim’s death. Unfortunately, some police officers and legal professionals use these terms interchangeably, which may lead to some confusion ahead of a criminal trial.

    Consequences for Manslaughter Charges in California

    The consequences of murder in California notably differ from the consequences of voluntary manslaughter. Voluntary manslaughter can see someone face up to 11 years in prison, with opportunities for parole presented along the way depending on the actor’s behavior. Involuntary manslaughter can see someone face up to four years in prison.

    Consequences for Murder in California

    The consequences a person faces for murder charges will vary depending on the severity of the act in question. Other factors, including the accused’s criminal history and the circumstances surrounding an alleged murder, may also impact the court’s ruling.

    Anyone convicted of first-degree murder may find themselves facing between 25 years and life in prison. Additionally, anyone convicted of second-degree murder may find themselves facing up to 15 years in state prison, with additional consequences added for repeat offenses and excessive violence.

    How to Challenge Murder, Voluntary Manslaughter, and Involuntary Manslaughter Charges

    It’s not impossible to challenge voluntary manslaughter or murder charges. However, the process is more difficult if you try to take on the criminal system alone. If California’s criminal courts accuse you of murder or manslaughter, get in touch with a criminal defense attorney as soon as possible.

    A legal representative can advocate for your right to bail and reduced charges. They can also challenge the prosecution’s findings, questioning the prosecution’s investigative methods and analysis.

    If the need arises, your criminal defense attorney can even discuss your right to a plea deal. Plea deals can see the consequences for an alleged murder or manslaughter reduced in exchange for information. You can discuss whether or not you want to move forward with a plea deal when consulting with an attorney about your best defenses.

    Book a Consultation With an Experienced Criminal Defense Lawyer Today

    Manslaughter and murder charges both pose a credible threat to your freedoms. Fortunately, you have the right to challenge these charges in San Diego’s criminal courts. You can work with Dod Law to lay out the facts of your case. Afterward, we can represent your best interests in criminal court if needed.

    Do you need help distinguishing between voluntary manslaughter and murder charges? Call us at our San Diego office (619) 814-5110 | Vista office (760) 814-6025 or schedule an appointment by filling out our online contact form to discuss the best way forward.

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    Meet Attorney Dod Ghassemkhani

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