San Diego Manslaughter Defense Attorney

Facing manslaughter charges in San Diego can be a daunting and life-altering experience. However, we understand that life brings circumstances that are not always in our control, causing us to partake in actions we typically would not. With a deep understanding of this complex area of law, Bernal Law stands ready to defend individuals accused of manslaughter. Recognizing the gravity of such charges and their long-lasting impact on one’s life—including employment and personal freedoms—Bernal Law is committed to providing a robust defense. 

Our approach is informed by a thorough understanding of the nuances of manslaughter law in California, ensuring that every client’s case is handled with the utmost care and intention. We speak both English and Spanish fluently, so all of our clients can feel comfortable communicating with us as they navigate the legal system. We can support you in numerous ways throughout complicated legal processes, reducing stress and working on your behalf.

Understanding Manslaughter

Manslaughter is one of the most misunderstood of violent crimes. When someone is killed, many people automatically consider it murder, but this is not necessarily the case under the law.

How does the crime of manslaughter differ from murder? What are the different types of manslaughter? There are important questions to ask if you are facing criminal charges for your role in the death of another person.

Definition of Manslaughter

In California, manslaughter is legally defined in Penal Code 192 PC as “the unlawful killing of a human being without malice.” This basically covers any unlawful killing that is carried out without:

• Premeditation
• Planning
• Preconceived intent

Generally speaking, manslaughter is a “lesser-included offense” of murder.
This means that the crime of murder can be reduced to a charge of manslaughter if certain factors are present.

Manslaughter is a serious crime, but it carries less severe criminal penalties than those for intentional murder. There are three different types of manslaughter:

• Voluntary manslaughter
• Involuntary manslaughter
• Vehicular manslaughter

Determining which form of manslaughter you face accusations for can be difficult, but Bernal Law can help you understand what you should do next. We can explain the differences between all of these charges, which defenses are the most helpful for each, and much more based on your specific circumstances.

What is Voluntary Manslaughter?

Voluntary manslaughter, as defined in Penal Code 192(a) PC, occurs when you kill another person in a sudden heat of passion or quarrel. Murder charges are often reduced to voluntary manslaughter when there is substantial proof of provocation and acting in the heat of passion.

You can face criminal charges for voluntary manslaughter if it can be proven that you:

• Were provoked
• Acted rashly and under the influence of intense emotion that affected your judgment
• The provocation would have caused a reasonable person to act similarly

Consider a scenario where you discover your spouse in bed with another person. You become so overwhelmed with emotion that you begin to fight with this other person and kill them in a bout of rage.

In this situation, you could face charges for murder or manslaughter. An experienced San Diego manslaughter lawyer like Pedro Bernal would work to secure a reduction in charges to manslaughter since you did not act with malice aforethought, but rather the killing occurred in a fit of rage.

Voluntary manslaughter requires that you act under the “direct and immediate influence” of the provocation. So, if you came home and found your spouse in bed with this other person but rather than confronting them immediately, you went for a drive and then killed the person later, this is murder due to the fact that there was a cooling off period between the provocation and the unlawful killing.

Involuntary Manslaughter in California

Involuntary manslaughter, as defined in California Penal Code 192(b) PC, occurs when you commit a crime (other than a felony) and unintentionally kill another person. The crime of murder can be reduced to involuntary manslaughter if:

• You committed an unlawful act or crime
• You acted in a reckless way that created a high risk of death or great bodily injury
• Your actions caused the death of another person

For instance, if you were involved in a physical altercation with your spouse, you grabbed your gun to threaten them, and it accidentally went off.

In this instance, you can be charged with involuntary manslaughter because you did not intend to kill your spouse, but acted in an unlawful way that created a great risk of harm or death.

Vehicular Manslaughter

Vehicular manslaughter, as defined in California Penal Code 192(c) PC, occurs when you unlawfully cause another person’s death while negligently operating a motor vehicle.

Examples of vehicular manslaughter include causing the death of another person because you were:

• Driving under the influence of drugs and/or alcohol
• Driving while talking on the phone or texting
• Speeding
• Drag racing
• Causing an accident for fraudulent financial gain

For further assistance in understanding the specifics of vehicular manslaughter, we encourage you to reach out to us. Bernal Law can help you understand your rights and what actions you should take during this confusing time.

What Are the Penalties For Manslaughter in San Diego?

The criminal penalties you face will depend on the type of manslaughter charges. Each type of manslaughter charge is different and carries distinct penalties:

• Voluntary Manslaughter: Voluntary manslaughter is a felony offense in California, punishable by 3, 6, or 11 years in prison.
• Involuntary Manslaughter: Involuntary manslaughter is a felony offense in California, punishable by 2, 3, or 4 years in prison.
• Vehicular Manslaughter: Vehicular manslaughter can be a misdemeanor or a felony offense in California.

The specific charges you face will depend on the facts and circumstances of your case.
Misdemeanor vehicular manslaughter is punishable by one year in a San Diego County jail, while felony vehicular manslaughter is punishable by up to 10 years in a California state prison.In addition to time in a San Diego County jail or California state prison, a criminal sentence for a manslaughter conviction may also include:

• Fines of up to $10,000
• Probation
• Revocation of gun ownership rights
• Restraining orders
• Mandatory counseling

A San Diego manslaughter defense attorney from Bernal Law can support you in understanding which penalties you are most likely to face, reduce the severity of your potential consequences, and decrease your likelihood of a conviction in certain circumstances. 

Options for Manslaughter Defenses in San Diego

When you face criminal charges in San Diego, you have the right to assert any argument that can explain, excuse, and/or justify your alleged behavior. Successfully arguing a legal defense will make it more difficult for the state to build a strong case against you. This can also help your manslaughter lawyer secure a reduction or dismissal of the charges in your case.

Defenses that may be helpful in your San Diego manslaughter case include:

• You acted in self defense
• You did not act negligently or recklessly
• The death was an accident
• You have been falsely accused or mistakenly identified

You can also fight criminal charges if your Constitutional rights have been violated. Manslaughter lawyer Pedro Bernal has both prosecuted and defended manslaughter cases. If his team determines that you have been the victim of an illegal search or unlawful arrest, he can petition the court to throw out any tainted evidence.

Without evidence to support its case, the prosecution may be forced to offer a plea deal or dismiss the charges against you altogether.

What Are Your Next Steps After Being Charged With Manslaughter?

Following manslaughter charges, you may not know what steps you should take to reduce the severity of penalties or chances of conviction. We recommend you take the following strategies and suggestions into account as you move forward in legal matters:

• Stay off social media
• Avoid discussing legal issues with others, including friends and family
• Organize any evidence you have on hand, including documents and communications that might provide alibis
• Record details of the event before you forget
• Contact a qualified attorney for support in your case
• Work with your San Diego manslaughter lawyer to find witnesses who can testify
• Follow your attorney’s recommendations for your next steps

Contacting a federal criminal defense lawyer as soon as possible can improve your odds of positive legal outcomes, including reduced or eliminated penalties you may otherwise face. When you contact us, we can help you find additional evidence you have not been able to collect, identify possible information relating to your case, and much more. We look forward to supporting you and reducing the stress you would otherwise face during legal proceedings.

How Can a Manslaughter Defense Lawyer Support You With Your Case?

A San Diego manslaughter defense lawyer from Bernal Law can support you as you fight manslaughter charges and other cases involving supposed criminal actions. We can support you in numerous ways throughout the legal processes ahead of you, including but not limited to the following:

• Interviewing witnesses
• Helping formulate a plea
• Investigating the prosecutor’s case
• Evaluating potential sentences
• Gathering evidence
• Conducting an independent investigation
• Negotiating with every party
• Preparing your case for court
• Consulting with experts
• Communicating with the other parties on your behalf
• Organizing and presenting the evidence in a way that puts you in a more favorable position
• Significantly reducing stress related to navigating legal processes

We strongly encourage you to avoid representing yourself during your legal case, especially whenever these matters involve charges for criminal actions. Self-representation generally results in penalties being worse than necessary for the defendant, more extended litigation for everyone involved, and unnecessary stress. However, when you work with a qualified and confident San Diego manslaughter attorney during this time of need, you can avoid many of these negative consequences and risks.

Bernal Law can help you avoid maximum penalties, reduce litigation time, and decrease stressors related to your case. We urge you to contact us as soon as possible for maximum support and improved legal results.

Fight for Your Rights and Get Outstanding Representation: Contact Bernal Law’s Manslaughter Defense Attorney Today

If you’re facing manslaughter charges in San Diego, consider reaching out to Bernal Law for a comprehensive defense strategy. With extensive experience in handling such severe cases, we offer the knowledge, confidence, and dedication needed to navigate the complexities of manslaughter charges. Understanding the significant impact these charges can have on your life, Pedro Bernal is committed to fighting for your rights and aiming for the best possible outcome. As a former prosecutor, he knows how to predict how the other side will act.

For a detailed discussion of your case and to explore your legal options, contact Bernal Law. We’re fluent in English and Spanish and have a track record of bringing clients the outstanding results they need. You can reach us at (619) 736-9092 or by completing our contact form. We offer free consultations to understand our clients’ situations better and provide legal guidance. Don’t let manslaughter charges define your future; get in touch with Bernal Law for skilled legal representation.