Southern California Defense Blog

Prosecutors in Los Angeles treat involuntary manslaughter very seriously and a conviction carries long-lasting consequences. If you or someone you know has been charged with the crime of involuntary manslaughter, it is very important that you immediately seek the legal assistance of a Los Angeles involuntary manslaughter defense lawyer from Wallin & Klarich.

California Penal Code section 192(b) defines involuntary manslaughter as an unlawful killing that takes place during the commission of a lawful act which involves a high risk of great bodily harm or death and that is committed without due caution, or an unlawful killing that occurs while an individual is committing an unlawful act that is considered an infraction or misdemeanor.

Proving Involuntary Manslaughter Charges in Los Angeles

To secure an involuntary manslaughter conviction under Penal Code 192(b), the prosecution must prove that an unlawful killing occurred during the commission of one of the following:

1. An unlawful act that falls short of a felony, OR
2. A lawful act which involves a high risk of death or great bodily harm that is committed without due caution or circumspection.

Unlawful act

The prosecutor must prove the accused’s conduct constitutes either a misdemeanor or an infraction and does not amount to a felony. The act does not need to be inherently dangerous.
Without due caution and circumspection

The prosecutor must prove that the death was the result of a reasonably foreseeable consequence of the aggravated, reckless or negligent conduct of the accused.

Consequences of an Involuntary Manslaughter Conviction in Los Angeles

If you are convicted on involuntary manslaughter charges, you may face penalties that include one year in county jail and formal probation or up to 4 years in county jail. In addition, you may face fines up to $10,000 and lose your right to possess or own a firearm.

A charge of involuntary manslaughter is very serious. You need the legal assistance of a Los Angeles involuntary manslaughter lawyer from Wallin & Klarich to protect your rights and prove your innocence in the court of law.

Depending on the specific facts surrounding your case, your Wallin & Klarich Los Angeles involuntary manslaughter lawyer will utilize various defenses to build a strong case that will help you achieve the most favorable outcome possible in your case.

Finding an Involuntary Manslaughter Defense Lawyer in Los Angeles

It is important that you choose a Los Angeles involuntary manslaughter lawyer who understands how prosecutors build their involuntary manslaughter cases. These types of cases are often complex in nature and require the skill of a Los Angeles involuntary manslaughter lawyer from Wallin & Klarich who can identify the key evidence and locate weaknesses in the prosecutor’s case that may work to your advantage. With your future, reputation, and freedom on the line, it is crucial that you seek the guidance of a Los Angeles involuntary manslaughter lawyer.

Contact Wallin & Klarich at (888) 280-6839 to speak with a Los Angeles involuntary manslaughter lawyer today to build a solid, effective defense for your involuntary manslaughter charge.

Pasadena police didn’t get their wish as the District Attorney declined to file involuntary manslaughter charges against Oscar Carillo of Pasadena, whose 911 call resulted in the shooting death of an unarmed man. The DA has kicked the investigation back down to the Pasadena PD for further investigation.

Despite the fact that Carillo hasn’t been charged, the DA could choose to file charges at a later date pending any new evidence collected by the police, and it would be wise for him to retain a Pasadena criminal defense attorney immediately.

The investigation surrounds Carillo's attempt to get police to respond more quickly to a robbery that he was a victim of. Carillo’s backpack was stolen by Kendrec Lavelle McDade and another suspect last week. When Carillo called 911 to report the crime, he told the 911 dispatcher that two men armed with handguns stole his backpack. Carillo was lying about the men being armed, but figured that if police thought there were armed and dangerous suspects on the loose, they would pay more attention to his call than if it was two unarmed men.

Carilllo was right. Unfortunately, police were acting on information provided by 911 dispatchers, and when McDade made a move, police thought he was reaching for a gun that he didn’t actually have, and they fatally shot him.

Depending on the outcome of the investigation, Carillo might still be charged with involuntary manslaughter, which carries with it a maximum sentence of 4 years in state prison.

What do you think? Should Carillo be charged with involuntary manslaughter for lying to the police about McDade and his accomplice being armed with guns, which ultimately led police to fatally shoot McDade?

Wallin and Klarich repeatedly warns all of their clients and prospective clients NEVER to speak to law enforcement. When we say NEVER we mean NEVER. Dr. Conrad Murray was accused of being responsible for the death of Michael Jackson. He retained a lawyer. He then along with his lawyer went down to the Los Angeles Police Department and gave a complete statement. The District Attorney then was able to play that statement to the jury. The statement made by Dr. Murray was very damaging and there is little doubt that it played a key factor in the jury finding him guilty today of involuntary manslaughter. He know faces up to four years in jail.

Why Dr. Murray’s lawyer decided to have him speak to the police is something that he will have to explain. Time and time again when suspects think they can “outsmart” the police they make a very risky gamble that almost always ends up with their gamble ending up in a guilty verdict when the case goes to trial.

Please for your own benefit and the benefit of your freedom and your future, take our advice. NEVER, EVER, EVER speak to the police. If you are suspected of having committed any crime contact our law firm immediately.

Call us toll free at 877-466-5245 or go to wklaw.com for more information. Clients that follow our advice most often enjoy a clean criminal record and being able to go anywhere they wish because they are not behind bars. Those that do not follow our advice often find themselves in jail or prison.

You come home from work, only to find your wife in bed with another man. In a sudden burst of rage, you kill them both. Another scenario is that a huge bar brawl breaks out, in the commotion you smash a pool cue over someone’s head and he dies. Despite the fact that this sounds like murder, it's probably not. Under California law, it's more likely to constitute voluntary manslaughter.
California's voluntary manslaughter laws apply to killings that you commit

1. during a sudden quarrel, or
2. in the heat of passion.

Prosecutors rarely file Penal Code 192 (a) voluntary manslaughter as a separate charge. The offense usually comes up in murder cases, where the accused admits to killing the victim, but seeks have the charge reduced from murder to manslaughter.
If the charge is reduced to manslaughter, the defendant faces a maximum of 11 years in prison. With murder, by contrast, he faces a potential life sentence...or sometimes even execution.

If you or a loved one have been charged with voluntary manslaughter contact the experienced Southern California criminal defense attorneys at Wallin & Klarich. We’ve have been helping criminal defendants for over 30 years. Call us at (888) 280-6839 or visit us at www.wklaw.com.

On February 8, 2010 Michael Jackson’s Doctor has plead not guilty to involuntary manslaughter. Dr. Conrad Murray, a Houston cardiologist who was with Michael Jackson when he died on June 25, 2009, was accused today of being criminally responsible for his death.

Dr. Murray has been accused of giving Michael Jackson a lethal dose of propofol, an anesthetic that is used for sedation. It is believed by some that Michael Jackson was addicted to propofol, which he used to help him sleep.

Although Dr. Murray is accused of being responsible for the death of Michael Jackson, he is charged with involuntary manslaughter. Involuntary manslaughter is different from murder.

Murder is the when someone commits an act that caused the death of another person with malice aforethought. Malice aforethought is a state of mind. It requires knowledge that through an action or omission, the result will be someone’s death. Malice can be expressed or implied. It is expressed when someone shows a deliberate intention to kill someone. It can be implied when there is no considerable provocation or when the circumstances show an abandoned or malignant heart.

First degree murder is a type of murder. First degree murder is usually charged when the killing was done with deliberation and premeditation. This means that the killing was planned out by the defendant. The punishment for first degree murder can be punished by death, life imprisonment, or 25 years to life imprisonment. See California Penal Code Section 190. In this case, Dr. Murray is not accused of killing Michael Jackson with deliberation or premeditation. This is why Dr. Murray is charged with involuntary manslaughter.

Continue reading "Michael Jackson's Doctor Pleads Not Guilty to Involuntary Manslaughter Charges" »