San Diego Manslaughter Attorney

How does manslaughter vary from murder? That's the most common question we face from our clients.

Although both involve unlawfully killing another human, manslaughter differs because it does not carry malice aforethought. And even though it's a serious crime, the criminal penalties are less severe.

Manslaughter is further divided into subtypes: voluntary manslaughter and involuntary manslaughter. Of the two, voluntary manslaughter occurs when you kill another person in the heat of passion or during a fight.

A murder charge can be reduced to voluntary manslaughter if it can be proved that you were provoked into acting out. In other words, voluntary manslaughter requires immediate provocation.

On the other hand, involuntary manslaughter occurs when you commit a crime and are found guilty of killing another person unintentionally. Here again, the heat of passion is a prominent factor, but there's a lack of provocation for you to act recklessly.

The criminal penalties vary based on the subtypes. So, in case of voluntary manslaughter as a felony, you can face 3, 6, or 11 years in prison.

For involuntary manslaughter as a felony offense, the court can subject you to 2, 3, or 4 years of prison time.

Additionally, a criminal sentence for a manslaughter conviction can include fines, probation, restraining orders, and mandatory counseling.

Voluntary Manslaughter Under Penal Code 192(a)

California defines manslaughter in Penal Code section 192 as the unlawful killing of a human being without malice. Voluntary manslaughter, under PC 192(a), applies when a killing happens during a sudden quarrel or in the heat of passion — the law recognizes that a person who is genuinely and reasonably provoked is less culpable than someone who kills with malice. The classic examples are a fight that escalates in seconds, or a person who lashes out immediately after a deeply provoking discovery.

The consequences are still severe. Voluntary manslaughter carries 3, 6 or 11 years in state prison, fines of up to $10,000, and — critically — it counts as a strike under California's Three Strikes law, because it is classified as both a serious and a violent felony. A strike doubles the sentence on any future felony and can lead to a 25-to-life sentence down the road. If a firearm was personally used, Penal Code section 12022.5 can add 3, 4 or 10 additional years on top of the base term.

Involuntary Manslaughter Under Penal Code 192(b)

Involuntary manslaughter, under PC 192(b), covers unintentional killings that happen while committing a crime that isn't inherently dangerous, or while doing a lawful act with criminal negligence — meaning conduct so careless it goes beyond an ordinary mistake. There is no intent to kill at all; the prosecution's theory is that your recklessness caused a death you never wanted.

The exposure is 2, 3 or 4 years in county jail under California's realignment law, and unlike voluntary manslaughter, involuntary manslaughter is generally not a strike offense. Probation is legally available in many involuntary manslaughter cases, which means the fight is often not just about guilt or innocence — it is about keeping a tragedy from becoming a prison sentence for someone who never intended harm.

Manslaughter as a Reduced Charge in Murder Cases

For many of our clients, manslaughter is not the charge they start with — it is the outcome we fight to reach. When prosecutors file murder under Penal Code section 187, the difference between murder and manslaughter can literally be the difference between 15-to-life and a determinate term measured in a few years. Provocation, heat of passion, and "imperfect self-defense" — where you honestly but unreasonably believed you needed to use deadly force — are all recognized paths from murder down to manslaughter under California law.

This is not theoretical for our office. Marc has taken a first-degree murder charge to trial and won a not-guilty verdict, and in another case he negotiated a second-degree murder charge down to involuntary manslaughter with a probationary sentence — no state prison. Results like these depend on the facts of each case and can never be guaranteed, but they show what is possible when the defense does the work the prosecution hopes you won't.

Defense Strategies in a San Diego Manslaughter Case

All these factors and penalties can be difficult to navigate without retaining a skilled manslaughter attorney in San Diego. For example, an experienced criminal defense attorney in San Diego, CA, can evaluate whether you acted in self-defense or if the death was an accident. It's also worth considering if you were falsely accused or mistakenly identified as the offender.

When you hire Marc Kohnen at The Law Office of Marc S. Kohnen, you can rest assured of us covering every minute detail. We'll also inspect if the prosecution obtained the evidence illegally and in violation of your rights. Building a strong case requires a one-on-one meeting with you to discuss your case specifications. And we will stop at nothing until the prosecution proves every piece of evidence beyond a reasonable doubt.

True self-defense is a complete defense: if you reasonably believed you or someone else was in imminent danger of being killed or seriously hurt, and you used no more force than necessary, the killing was lawful and you are entitled to an acquittal. Marc has won a not-guilty verdict at trial on self-defense in a violent felony case, and he knows how to present that defense to a San Diego jury. Where the death was a genuine accident without criminal negligence, that too is a full defense — an accident, standing alone, is not a crime.

What to Expect in San Diego County Court

Homicide cases move through the San Diego Superior Court system on a defined path, and knowing that path lowers the fear factor. After arrest, you must be arraigned promptly — typically at the downtown courthouse on West Broadway, or in Vista, El Cajon or Chula Vista depending on where the case arose. Bail in homicide cases is set high under the county bail schedule, and Marc fights at the first appearance to reduce it or to secure release on conditions.

Next comes the preliminary hearing, where the District Attorney must show a judge enough evidence to hold you for trial. This hearing is a major defense opportunity: prosecution witnesses testify under oath, their stories get locked in, and weak cases start to show their cracks. Many of the reductions and dismissals our office has obtained trace directly back to damage done at the preliminary hearing stage.

The moment you're arrested, the prosecution will start building its case against you. We know the stakes are high. In turn, this can put pressure on the court to convict you. But not if you have a robust defensive strategy to prove your innocence.

Call a San Diego Manslaughter Lawyer Today

We don't recommend waiting a moment further. So, if you're facing criminal manslaughter charges, your best bet is to hire a manslaughter attorney in San Diego right away.

Call us today to confirm your appointment, and we'll determine the best line of defense for you.