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Involuntary Manslaughter
If you have been arrested for the crime of Involuntary Manslaughter, contact experienced criminal defense lawyer Max Gorby at (323) 477-2819.
California Penal Code 192 PC — California’s involuntary manslaughter law. (“Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:..(b) Involuntary — in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection.”
CALJIC 8.45 Involuntary manslaughter. (“In order to prove this crime, each of the following elements must be proved: [1] A human being was killed; and [2] The killing was unlawful. A killing is unlawful within the meaning of this instruction if it occurred: [1] During the commission of an unlawful act [not amounting to a felony] which is dangerous to human life under the circumstances of its commission; or [2] In the commission of an act, ordinarily lawful, which involves a high degree of risk of death or great bodily harm, without due caution and circumspection.”
“Manslaughter is the unlawful killing of a human being without malice. It is of three kinds…(b) Involuntary–in the commission of an unlawful act, not amounting to felony; or in the commission of a lawful act which might produce death, in an unlawful manner, or without due caution and circumspection. This subdivision shall not apply to acts committed in the driving of a vehicle.”
CALJIC 8.46 — Due caution and circumspection, defined. (“The term “without due caution and circumspection” refers to [a] negligent act[s] which [is] [are] aggravated, reckless and flagrant and which [is] [are] such a departure from what would be the conduct of an ordinarily prudent, careful person under the same circumstances as to be in disregard for human life, or an indifference to the consequences of such act[s]. The facts must be such that the consequences of the negligent act[s] could reasonably have been foreseen. It must also appear that the [death] [danger to human life] was not the result of inattention, mistaken judgment or misadventure, but the natural and probable result of an aggravated, reckless or grossly negligent act.