Orange County Involuntary Manslaughter Attorney
It is crucial for you to call Law Office of Michael L. Guisti at (714) 530-9690 right away. Even if it was an honest accident, this charge could send you to prison. We understand that you never met to find yourself in this situation, but with our firm defending you, we can work to keep you out of prison, because we have a decade of experience in the courts of Orange County, Los Angeles, Riverside, San Bernardino, and San Diego.
In most involuntary manslaughter cases, the prosecution adds certain charges that allegedly led to the death, such as assault with deadly weapon, domestic violence, and firearm charges. Our OC violent crime defense lawyers have successfully been able to get these additional charges reduced for our clients. We know that being convicted of involuntary manslaughter can result in you losing the right to own firearms and any professional licenses you may have, which is why it's so important to call us today.
Involuntary manslaughter is covered under Penal Code 192(b). It is defined as an unlawful killing that takes place during the commission of an unlawful misdemeanor act or during the commission of a lawful act that involves a high risk of death without due caution or circumspection - or, simply, criminal neglect.
An "unlawful act" is the manner in which an act is performed that caused the death of somebody; in this case, it doesn't matter that the act itself was dangerous. For example, in a domestic violence situation, family members are fighting and one family member, the suspect, has a gun. The suspect who has the gun is legally allowed to carry it in public and pulls it out to help end the fighting; another person, the victim, struggles to take it away. During the confusion of the struggle, the suspect accidentally pulls the trigger - killing the victim. In this example, the suspect did not mean to kill the victim, but he brandished a weapon, which is a misdemeanor. Those circumstances would warrant an involuntary manslaughter charge.
The phrase "without due caution and circumspection" basically means that the death was not the result of inattention, mistaken judgment, or genuine accident, but rather the result of negligence. This is to say you should have reasonably known your actions were likely going to result in great injury or death. Under this aspect of the involuntary manslaughter law, there are several possible situations where this could happen.
Even though a death resulting from neglectful driving would be considered involuntary manslaughter, it is important to note that a death resulting from your actions behind the wheel of a vehicle are covered under vehicular manslaughter. This is a different charge with different punishments.
We want you to understand that you do have several defense options. Our lawyers at Law Office of Michael L. Guisti have successfully used these defense tactics for the past decade to free our clients.
"It Was an Accident!"
Accidents happen—even tragic accidents happen - which is why claiming the incident was an accident is a valid legal defense. As long as you had no criminal intent, weren't acting negligently, and were otherwise engaged in lawful behavior at the time of the accidental killing, you should be found not guilty.
Self-defense is a valid legal claim, and if you acted reasonably under the circumstances, and used no more force than was reasonably necessary under the circumstances, then you're not guilty of this crime.
Involuntary manslaughter is a felony and if convicted, you could face formal probation with up to 1 year county jail, or even between 2 to 4 years in state prison sentence, along with a maximum $10,000 fine, the loss of the right to own or possess a firearm, and the possible loss of your professional license.
As you have read, this is a very serious crime that could not only send you to prison, but destroy your professional reputation by having your professional license revoked. For this reason, it is so important to call Law Office of Michael L. Guisti right away. We have over a decade of experience successfully defending our clients of charges of involuntary manslaughter throughout the courts of Southern California. We can work to keep you out of prison and keep your professional license. Please contact us now!
Whether you're facing a felony or a misdemeanor, don't risk a conviction. Act quickly to redeem your reputation and protect your record by consulting with our Orange County criminal defense lawyer. Call today to schedule your free consultation.