Manslaughter in San Bernardino
The California Penal Code section 192 defines manslaughter as the crime of killing another human being without premeditation and without prior planning. There are three different types of manslaughter cases that you can be convicted of: voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter. Your Wallin & Klarich San Bernardino criminal lawyer will advise you as to the elements of the particular charge you are accused of.
Defenses to Manslaughter in San Bernardino
Depending on what type of manslaughter you are charged with and the circumstances of your particular case, the defenses your San Bernardino attorney from Wallin & Klarich may include any of the following:
1. Self defense or defense of others
California’s self-defense laws permit an individual to kill another human being if he or she reasonably believes that ending the individual’s life is necessary in order to prevent death or great bodily injury to himself or herself or to another person. In order to use the defense successfully, your San Bernardino involuntary manslaughter lawyer must be able to prove that you believed that immediate harm was necessary to avoid danger and that you did not use more force than was necessary to defend yourself or to defend another.
2. Imperfect Self-Defense
If your use of force or belief in impending danger was not reasonable, your San Bernardino manslaughter attorney can present an imperfect variation of self-defense, similar to the one discussed above.
In order to use the insanity defense, your San Bernardino attorney must prove either of the following: (1) You did not know the difference between right and wrong, OR (2) You did not understand the nature of you actions.
If you killed another person by accident, and were (1) acting lawfully, AND (2) had no intention to do harm to another person, then can be a complete defense to a manslaughter charge.
5. Insufficient evidence
If your San Bernardino involuntary manslaughter lawyer can prove that there was not sufficient evidence to prove that you caused the victim’s death or whether you acted negligently, then you will not be convicted of involuntary manslaughter.
In addition to the defenses above, your San Bernardino attorney can protect you from criminal liability by making use of the following defenses specifically for voluntary manslaughter and vehicular manslaughter charges.
Defenses to Voluntary Manslaughter in San Bernardino
1. You were within your own home 2. You were lawfully trying to arrest someone 3. You were trying to stop a riot or otherwise preserve the peace
Defenses to Vehicular Manslaughter in San Bernardino
1. Your actions were not negligent 2. Your actions were not the cause of death 3. You did not drive the vehicle
Finding a Manslaughter Defense Attorney in San Bernardino
The first and most critical step you must take is to obtain a team of San Bernardino manslaughter defense lawyers who have experience in manslaughter cases. The attorneys at Wallin & Klarich have over 30 years of experience in defending clients against involuntary, voluntary or vehicular manslaughter charges.
To schedule a consultation with a manslaughter defense lawyer at Wallin & Klarich, please call (888) 280-6839. We will help you get through this.