Anyone connected to the death of another person could face criminal charges. Homicide is the legal term for circumstances in which one person causes the death of another. Some homicides lead to murder charges alleging that the defendant acted with malice and intended to harm the decedent.
Other homicides may lead to manslaughter charges asserting that the defendant is criminally responsible for the death of the decedent under circumstances which were not malicious or premeditated. California criminal statutes recognize three different types of manslaughter.
Voluntary manslaughter
When the homicide involves what is often called a crime of passion, the prosecution can pursue a charge of voluntary manslaughter. A homicide constitutes voluntary manslaughter when a person loses control of their behavior and fails to consider the results of their actions. An argument that escalates into a physical fight or the discovery of a major betrayal in progress can result in a criminal homicide without premeditation.
Involuntary manslaughter
If a person is charged with involuntary manslaughter, the criminal complaint alleges that the defendant caused a death while breaking the law. For example, in rushing out of a store after shoplifting a person might knock someone to the ground and cause the falling person to hit their head and die. There wasn’t an intent to cause serious injury or death, but someone died because of the defendant’s illegal conduct.
The prosecution can also pursue a charge of involuntary manslaughter when a person engages in legal activity that could be dangerous. For example, a person who does not exercise due caution when cleaning or practicing with a registered weapon might face a charge of involuntary manslaughter if the conduct unintentionally caused a fatal injury to someone else.
Vehicular manslaughter
When the defendant breaks the law while operating a motor vehicle and causes a death, the driver could face vehicular manslaughter charges. Drunk driving or reckless driving can lead to a charge of vehicular manslaughter.
The prosecutor can also pursue a charge of vehicular manslaughter when a driver has crashed on purpose to file an insurance claim or seek compensation from another party. In such cases, murder charges may be filed if the driver intentionally caused the collision.
