California Voluntary Manslaughter Laws

California law recognizes three kinds of manslaughter:

• Involuntary manslaughter is the death of another person through carelessness or gross negligence.
• Vehicular manslaughter is killing another person while driving with wanton disregard for others.
• Voluntary manslaughter is killing another person on purpose but without planning or forethought.

Homicide is the killing of a human being by another human being. Murder is an unlawful killing of a human being with “malice aforethought.” In legal language, “malice” means “intent.”

Under the California Penal Code, “malice” specifically means a "deliberate intention" to unlawfully take another human life.

In some cases, it’s easy to show actual or implied malice. If a killer stalks a victim for two days then shoots them in the back, the prosecution has no trouble proving malice. But what if the killer was fighting with the victim, and punched him after the victim tapped out? In these cases, a charge of voluntary manslaughter is possible.

Voluntary Manslaughter Definitions

Section 192 of the California Penal Code defines voluntary manslaughter as:

• The unlawful killing of a human being
• Without malice
• During a “sudden quarrel or heat of passion”

This brief definition means that voluntary manslaughter is rarely a stand-alone charge. A charge of voluntary manslaughter is often part of a legal defense strategy for plea bargaining, or a lesser-included charge to second-degree murder.

The circumstances that lead to a finding of voluntary manslaughter are almost the same as those of second-degree murder. The main difference is that the defendant lacks the element of intent.

In voluntary manslaughter, the defendant:

• Was provoked
• The provocation caused the defendant to act rashly and without thought
• The provocation was such that a reasonable person would have acted in a similar manner
• There was no “cooling off” or time for reflection between the provocation and the act which caused the victim’s death

As mentioned above, second-degree murder requires "malice aforethought." It encompasses all murder that doesn’t fall within the state’s definition of first-degree murder.

Voluntary vs. Involuntary Manslaughter

California law distinguishes between voluntary and involuntary manslaughter.

Involuntary manslaughter contains elements of criminal negligence, or gross negligence. An involuntary manslaughter charge involves a lawful act done in a careless or reckless manner resulting in death, but without knowledge that death could be the result.

Voluntary manslaughter charges result from acts where the defendant acted in the “heat of passion.” The defendant likely would not have killed the victim if they had paused to reflect or “cool off.”

Voluntary Manslaughter Prosecution and Defense

Defendants rarely face charges of voluntary manslaughter at the outset. Instead, a criminal defense lawyer attempts to show an absence of malice that reduces a murder charge to a manslaughter charge.

Courts charge defendants with voluntary manslaughter:

• In “heat of passion” cases where a defendant was provoked and committed the homicide immediately after the provocation. The classic example is a spouse finding their partner in bed with another person.
• In “imperfect self-defense” cases. California law permits the use of force, including lethal force, in defense of self or the defense of others. However, the force must be equal to the attack. Imperfect self-defense exists when you reasonably think you need to use lethal force, but later learn you were wrong.

Like a claim of self-defense, imperfect self-defense is an affirmative defense. You must prove you believed you needed to defend yourself and that your belief was reasonable.

California’s manslaughter law specifically excludes gender bias from “reasonable provocation” (the so-called “gay panic” defense). A defendant cannot claim the provocation was the victim’s perceived gender or sexual orientation.

Voluntary Manslaughter Penalties

Voluntary manslaughter is punishable by three, six, or 11 years in California state prison. The sentence in voluntary manslaughter cases depends on the nature of the offense and the defendant’s past criminal record.

If you’re convicted of voluntary manslaughter, you also face fines of up to $10,000, loss of your professional licenses and right to own firearms. A conviction is a strike under California’s three-strikes law.

Related Offenses

A Watson DUI murder (California Penal Code 191.5), permits the state to charge offenders with murder if they kill someone while driving intoxicated.

Three or more convictions of gross vehicular manslaughter create a presumption of a “wanton and conscious disregard for human life” sufficient to prove implied malice.

Get Legal Advice from a California Criminal Defense Attorney

In California, voluntary manslaughter is a common defense tactic used by criminal defense attorneys whose clients are facing more serious murder charges. If you or a loved one are looking at these kinds of charges, you need an experienced criminal defense attorney to give you the best opportunity in your case. They can walk you through your options and help to protect your constitutional rights.