Reducing Involuntary Manslaughter to a Misdemeanor in California – PC 192(b)
Involuntary manslaughter, governed by Penal Code 192(b) in California, involves the unintentional killing of another person due to negligent or reckless conduct. While this charge is serious and can carry significant legal consequences, there are circumstances under which a conviction for involuntary manslaughter can be reduced to a misdemeanor and even expunged from the defendant’s record. Understanding these legal remedies and the processes involved can be crucial for those seeking to mitigate the long-term impacts of a conviction.
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Involuntary Manslaughter as a Wobbler Offense
In California, involuntary manslaughter is considered a “wobbler” offense, meaning it can be charged as either a felony or a misdemeanor, depending on the circumstances of the case and the discretion of the prosecutor. Factors influencing this decision include the severity of the defendant’s conduct, the extent of negligence involved, and the specific details of the incident.
A felony conviction for involuntary manslaughter carries harsher penalties, including longer prison sentences and larger fines. However, under certain conditions, it is possible to have a felony conviction reduced to a misdemeanor.
Penal Code 17(b) Motion: Reducing a Felony to a Misdemeanor
Penal Code 17(b) authorizes California courts to reduce a felony conviction to a misdemeanor. This reduction can have significant benefits, such as reducing the stigma associated with a felony record, improving employment prospects, and restoring certain civil rights.
Eligibility for a Penal Code 17(b) Reduction:
- No State Prison Time: The defendant must not have served time in state prison for the felony conviction. This typically means that the defendant was sentenced to probation or served time in county jail instead.
- Completion of Probation: The defendant generally petitions for a reduction after completing probation. Demonstrating good behavior and compliance with probation terms is crucial.
Discretionary Nature of the Remedy:
- The court has the discretion to grant or deny a Penal Code 17(b) motion. Several factors influence this decision, including:
- Severity of the Case: The nature and circumstances of the original offense, including the level of negligence or recklessness involved.
- Post-Conviction Conduct: The defendant’s behavior since the conviction, including efforts at rehabilitation, compliance with probation terms, and contributions to the community.
- Planning and Supplication in the Current Crime: The degree of planning involved in the commission of the crime and the defendant’s role.
- Likelihood of Recidivism: The court will assess the defendant’s risk of reoffending, considering any past criminal history and steps taken to avoid future criminal behavior.
- Reasons for Seeking Reduction: The defendant’s motivations for seeking a reduction, such as improving employment opportunities or restoring civil rights.
The Process of Petitioning for a Penal Code 17(b) Reduction
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Consulting an Attorney:
- The first step is to consult with an experienced criminal defense attorney who can evaluate your case and advise you on the likelihood of success for a Penal Code 17(b) motion.
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Gathering Evidence:
- Collect evidence supporting your petition, such as proof of successful completion of probation, letters of recommendation, evidence of rehabilitation efforts, and documentation of community involvement.
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Filing the Petition:
- Your attorney will file the Penal Code 17(b) motion with the court, including all supporting documentation. The motion must clearly outline why you are eligible for a reduction and why it is in the interests of justice to grant it.
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Court Hearing:
- A hearing will be scheduled where both the defense and the prosecution can present their arguments. The judge will consider all evidence and factors before making a decision.
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Court Decision:
- If the judge grants the motion, the felony conviction will be reduced to a misdemeanor. If the motion is denied, your attorney can advise on any further steps or appeals that may be available.
Expungement After Reduction
Once a felony conviction has been reduced to a misdemeanor under PC 17(b), the next step is often to seek expungement under Penal Code 1203.4. Expungement effectively clears your criminal record for most purposes, allowing you to legally state that you have not been convicted of the crime in many situations.
Eligibility for Expungement:
- Completion of Sentence: The defendant must have completed all terms of their sentence, including probation.
- No Ongoing Criminal Proceedings: The defendant must not have any pending criminal charges or new convictions.
The Expungement Process:
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Filing the Petition:
- Your attorney will file a petition for expungement with the court, detailing the reasons for the request and providing supporting documentation.
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Court Review:
- The court will review the petition, considering factors such as the nature of the offense, the defendant’s conduct since the conviction, and the reasons for seeking expungement.
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Court Hearing:
- A hearing may be held where both the defense and the prosecution can present their arguments. The judge will make a decision based on the merits of the case.
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Court Decision:
- If the petition is granted, the conviction will be expunged from the defendant’s record. This means that, for most purposes, the conviction will not appear on background checks, and the defendant can legally state that they have not been convicted of the crime.
Benefits of Reduction and Expungement
Reducing a felony conviction to a misdemeanor and obtaining expungement can provide numerous benefits:
- Employment Opportunities: Employers often conduct background checks, and a felony conviction can significantly hinder job prospects. Expungement removes the conviction from most public records, improving employment opportunities.
- Professional Licensing: Certain professional licenses may be denied to individuals with felony convictions. Reducing the conviction to a misdemeanor and expunging it can help obtain or retain professional licenses.
- Personal Reputation: Clearing your record can significantly improve your reputation and social standing, allowing you to move forward without the stigma of a felony conviction.
Contact an Experienced Orange County Criminal Defense Attorney
Involuntary manslaughter is a serious offense in California, but it is possible to reduce a felony conviction to a misdemeanor and seek expungement under certain conditions. Penal Code 17(b) provides a valuable remedy for those who have demonstrated rehabilitation and good conduct post-conviction. If you are considering seeking a reduction or expungement, it is essential to consult with an experienced criminal defense attorney who can guide you through the process and advocate on your behalf.
Contact the Law Offices of John D. Rogers to discuss your case and explore your options for reducing a felony conviction and obtaining expungement. Call us today to speak with an experienced Orange County criminal defense attorney. With the right legal support, you can take important steps toward a brighter future.
