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The crime of Manslaughter is usually part of a Homicide case.  If you or a loved one has been accused of Homicide give us a call.  You definitely need experienced Homicide representation.  As someone that has tried more than 10 Homicide cases to verdict and handled close to thirty other Homicides many of which ended up in the Manslaughter range we know how to represent you in this type of case.  

MANSLAUGHTER IS AN UNLAWFUL KILLING DONE WITHOUT MALICE PENAL CODE 192

If there has been a unlawful homicide without proof beyond a reasonable doubt of malice aforethought.  it can even be if a person acting with a conscious disregard for life and kwowing the conduct endangers the life of another, unintentionally, but unlawfully kills another in a sudden quarrel or in the heat of passion.  

Voluntary Manslaughter can result from an "implied intent" homicide. In other words you can be held liable for Manslaugther even if you did not intend to kill somoene as long as there was an act done with that was inherently dangerous to human life and with conscious disregard and unreasonable self defense then the crime would be manslaughter rather than involuntary manslaugter for example.

WHAT IS UNREASONABLE SELF DEFENSE?  

Any time a person acts with an honest but unreasonable belief in the need to use deadly force, then the defense then the defense can argue that the crime committed was volunary manslaugther, based upon the fact that person acted with an honest but unreasonable belief in the need to use deadly force and therefore, lacked the requisite mental state i.e. malice for murder.  

Note that this defense if different from stating that the person acted in a sudden/qurrel or heat of passion. 

HEAT OF PASSION KILLINGS

under this theory the person that committed the crime is said to be less morally culpable based on the fact he acted under passion rather than rational decision. 

Generally, if a person killed under provocation so great as to produce that response in a reaonable person, there is no malice of forethought and the crime is manslaughter.

This is again a generally speaking.  If you are charged with Murder or someone you know has been charged you should contact a homicide defense attorney that is experienced in these types of defenses.  

 TO REACAP THERE ARE TWO WAYS TO GET TO MANSLAUGHTER

the main two basis for voluntary manslaughter are heat of passion and imperfect self defense these are not elements of voluntary manslaugther rather they are ways in which malice either express or implied may be negated.  

If you hav further questions a confidential case evaluation should take place for your case.  Every case is different and there are many different scenerios which must be explored and the facts of your individual case must be evelauated.  Here, these are the general ideas for your case and not meant to be case specific. 

 

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Gerald Schwab, Jr.

CRIMINAL DEFENSE ATTORNEY & DUI ATTORNEY SERVING ALL OF CALIFORNIA

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Law Office of Gerald Schwab, Jr.
Fresno Criminal Defense Attorney
5588 N Palm Ave,
Fresno, CA 93704
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