California Penal Code 192 – Manslaughter

Overview

Under Penal Code 192 PC, manslaughter is the unlawful killing of a human being without malice aforethought, meaning the act was not premeditated or committed with the intent to kill. It is separated into three types:

1. Voluntary Manslaughter – A killing committed in the heat of passion or during a sudden quarrel.

2. Involuntary Manslaughter – A killing that results from criminal negligence or during the commission of a non-dangerous unlawful act.

3. Vehicular Manslaughter – A killing that occurs while operating a motor vehicle, due to negligent or unlawful driving.

Although less serious than murder, manslaughter is still a serious felony and can result in years in state prison, along with collateral consequences for immigration, licensing, and employment.

At Jones Trial Attorneys, we defend manslaughter charges with precision and purpose—whether that means reducing murder charges, proving self-defense, or showing that the incident was a tragic accident, not a crime.

Legal Definition

Penal Code § 192 separates manslaughter into three categories:

• Voluntary (PC 192(a)): A killing committed in a sudden quarrel or in the heat of passion.

• Involuntary (PC 192(b)): A killing during the commission of a lawful act done without due caution or a non-dangerous unlawful act.

• Vehicular (PC 192(c)): A killing caused by negligent or reckless driving of a vehicle.

Voluntary Manslaughter – PC 192(a)

Applies when:

• A person is provoked, acts in the heat of passion, and unintentionally causes a death.

• Often used to reduce a murder charge when provocation or diminished capacity is present.

Penalties:

• 3, 6, or 11 years in state prison

• Strike offense under the Three Strikes Law

• Up to $10,000 in fines

• Possible firearm prohibition

Involuntary Manslaughter – PC 192(b)

Applies when:

• A person causes death by criminal negligence or during a non-dangerous felony.

• No intent to kill, but the conduct created an unjustifiable risk.

Penalties:

• 2, 3, or 4 years in state prison

• Restitution to the victim’s family

• May trigger a wrongful death civil suit

Vehicular Manslaughter – PC 192(c)

Applies when:

• A death occurs due to negligent or unlawful driving, but without gross negligence or intoxication.

Penalties:

• Misdemeanor: Up to 1 year in jail

• Felony: 2, 4, or 6 years in prison

• License suspension or revocation

• Additional penalties if the driver fled the scene or was driving for financial gain

Defenses to Manslaughter Charges

We tailor the defense to the type of manslaughter charged. Common strategies include:

• Self-defense or defense of others

• Accidental death with no criminal conduct

• Lack of causation – Defendant’s actions did not cause the death

• False accusations or mistaken identity

• No provocation or heat of passion (for voluntary)

• No criminal negligence (for involuntary or vehicular)

Immigration and Collateral Consequences

Felony manslaughter may be considered a crime involving moral turpitude and a deportable offense for non-citizens. Additional consequences may include:

• Lifetime firearm prohibition

• Professional license suspension or disqualification

• Civil liability for wrongful death

• Ineligibility for record sealing or early parole in many cases

Related Offenses

• PC 187 – Murder

• PC 245 – Assault with a Deadly Weapon

• VC 23153 – DUI Causing Injury

• PC 191.5 – Gross Vehicular Manslaughter While Intoxicated

How Jones Trial Attorneys Can Help

Manslaughter charges demand immediate attention and a strong defense. Whether you’re accused of acting recklessly, making a tragic mistake, or being provoked into violence—we fight to protect your record, your freedom, and your future.

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Facing a Manslaughter Charge? Let’s Talk.

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.