California uses Penal Code 192(b) to prosecute individuals accused of involuntary manslaughter, or causing the death of another person due to criminal negligence. Unlike murder charges, individuals can face accusations of involuntary manslaughter even if they had no intention to harm another person.
A PC 192(b) conviction can result in years of incarceration and high fines. You can learn more about this section of California’s penal code from an attorney. A lawyer can also help work on your defense after an arrest.
Basic Facts About PC 192(b) – Involuntary Manslaughter
Individuals can face PC 192(b) charges if the police accuse them of causing someone else to die through an act of criminal negligence. This means that individuals can only face a conviction if the prosecution shows that:
- An individual carried out an infraction, misdemeanor, or felony OR
- An individual committed a lawful act in an unlawful way AND
- The individual acted with criminal negligence AND
- The individual’s actions directly caused the death of someone else
An Oakland criminal defense lawyer can tell you more about these charges.
What is Criminal Negligence?
Criminal negligence occurs when a person acts recklessly in a way that creates a high risk of death or serious bodily injury. Reasonable individuals would know that their actions could create this risk for others.
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Results of a PC 192(b) Conviction
Individuals convicted under Penal Code 192(b) PC – Involuntary Manslaughter can face harsh penalties. A conviction can result in:
- Up to four years in jail
- Fines of up to $10,000
- Formal (or felony) probation
In some cases, individuals may face additional penalties, especially if the alleged crime involves a firearm or the use of another dangerous weapon. In some situations, the offense may count as a “strike” under California’s Three Strikes law.
Additionally, individuals could face a lawsuit in the civil court system after an arrest for involuntary manslaughter. The alleged victim’s family could proceed with a wrongful death claim in some cases.
Defenses That Work to Handle Involuntary Manslaughter Charges
An attorney can explain the defenses that can work when facing PC 192(b) allegations. These defenses could include arguing that:
An Individual Acted to Defend Themselves or Others
Individuals should not face involuntary manslaughter charges if they accidentally kill someone while trying to protect themselves or someone else. However, they must only use as much force as necessary to defend themselves.
An Individual Killed Someone Else by Accident
Sometimes, freak accidents happen and result in a death even if everyone acted appropriately and no one engaged in criminal negligence. Individuals should not face penalties for involuntary manslaughter in these cases.
An Individual Faced Face Accusations
In some cases, grieving family members make false allegations after the loss of a loved one. They could accuse someone uninvolved of committing a crime. A lawyer can push back against these serious and unfounded accusations.
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How Lawyers Resolve PC 192(b) Charges
Criminal defense attorneys can use several strategies to assist clients who face PC 192(b) allegations. Some of these strategies involve:
Getting the Court to Drop a PC 192(b) Accusation
In some cases, the court will drop an involuntary manslaughter charge, especially if an attorney manages to block evidence from the prosecution. The court may also dismiss these allegations if the police violate the rights of the accused during legal proceedings.
Negotiating a Plea Bargain
The prosecution may offer a plea deal to an individual accused of involuntary manslaughter. These deals require you to admit guilt for a less serious charge. In exchange, the prosecution will reduce the penalties you face.
Plea bargains do not represent the best legal choice for everyone facing a PC 192(b) charge. Individuals should only accept these deals after conferring with their attorneys.
Fighting Involuntary Manslaughter Charges in Court
Finally, a criminal defense lawyer can provide help if a PC 192(b) charge goes all the way to court. Attorneys know how to handle the legal system and can aggressively represent clients in front of a judge and jury.
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Talk to an Attorney and Learn More About PC 192(b) Allegations
Do you have more questions about Penal Code 192(b) PC – Involuntary Manslaughter? If so, you can reach out to our team at Silver Law Firm for professional help and support in building a personalized defense strategy.
Our team understands what you’re going through after an arrest, and we’re ready to take charge on your behalf. We’ve helped over 10,000 clients, and we’re ready to provide the assistance you deserve after an arrest. We’ll step in quickly to ensure you understand the allegations you face and to protect your rights and your future.
You can rely on us to assist you during legal questioning, at all pre-trial hearings, and throughout the process of litigation. We’re here and ready to focus on your needs, so don’t wait to reach out to learn more about our services.
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