Understanding the Punishment for Involuntary Manslaughter Under PC 192(b)

Involuntary manslaughter is a serious charge under California Penal Code 192(b), involving the unintentional killing of another person due to negligent or reckless conduct. This charge carries significant legal consequences, and a conviction results in a felony sentence. This article explores the potential punishments for involuntary manslaughter, including prison time, fines, probation eligibility, and other consequences that can impact the defendant’s life.

What is Involuntary Manslaughter Under Penal Code 192(b)?

Involuntary manslaughter, as defined under Penal Code 192(b), occurs when a person unlawfully kills another without malice and without intent to kill, typically as a result of negligent or reckless behavior. This charge does not involve the use of a vehicle, which is covered under separate vehicular manslaughter laws. Examples of involuntary manslaughter might include a fatal accident caused by careless handling of a firearm or failing to maintain safety standards at a workplace, leading to a death.

Penalties for Involuntary Manslaughter

The penalties for involuntary manslaughter in California are severe, as the charge is always classified as a felony.

Felony Involuntary Manslaughter:

• Prison Time: A felony conviction for involuntary manslaughter carries a sentence of two, three, or four years in state prison.
• Fines: The defendant may be fined up to $10,000.
• Probation: In some cases, the court may grant felony probation instead of a state prison sentence. If granted probation, the defendant must comply with strict conditions, such as community service, counseling, or other rehabilitative measures.

Other Consequences of an Involuntary Manslaughter Conviction

Beyond prison time and fines, an involuntary manslaughter conviction can carry other significant consequences that affect various aspects of the defendant’s life:

Immigration Consequences:

Non-citizens convicted of involuntary manslaughter may face severe immigration consequences, including deportation or being barred from re-entry into the United States. Certain felony convictions can trigger mandatory deportation under U.S. immigration laws.

Loss of Professional License:

Professionals such as doctors, lawyers, and other licensed individuals may face disciplinary actions from their respective licensing boards. A conviction for involuntary manslaughter can result in suspension or revocation of a professional license, severely impacting a person’s career and livelihood.

Firearm Prohibition:

A felony conviction for involuntary manslaughter results in a lifetime ban on owning or possessing firearms under both state and federal laws. This restriction significantly affects the defendant’s rights and personal freedoms.

Social and Personal Consequences:

Beyond legal penalties, a conviction for involuntary manslaughter can carry a social stigma, affecting the defendant’s reputation and personal relationships. It can create long-term challenges in finding employment, securing housing, and maintaining social connections.

Expungement

A felony conviction for involuntary manslaughter may be eligible for expungement under California law if the defendant successfully completes probation. However, if the defendant served time in state prison, expungement is generally not available. Even with an expungement, certain consequences—such as firearm restrictions—may still apply.

Contact an Experienced Orange County Criminal Defense Attorney

If you or a loved one is facing involuntary manslaughter charges under Penal Code 192(b), it is crucial to seek experienced legal representation. A skilled criminal defense attorney can evaluate the case, explore potential defenses, and work to mitigate the consequences of a conviction. Contact our office today for a confidential consultation with an experienced Orange County criminal defense attorney.