California Penal Code 192(b) – Involuntary Manslaughter

Overview

Involuntary manslaughter under Penal Code 192(b) PC applies when someone kills another person unintentionally while committing a lawful act in an unlawful way, or while committing a crime that is not inherently dangerous to human life.

This charge often arises from accidents, workplace incidents, or careless conduct. While less severe than murder or voluntary manslaughter, it is still a serious felony and can carry state prison time and devastating professional consequences.

At Jones Trial Attorneys, we approach involuntary manslaughter cases with a focus on causation, credibility, and careful accident reconstruction. We fight to show that our client’s conduct was negligent at most—not criminal.

Legal Definition

Penal Code § 192(b) defines involuntary manslaughter as:

“The unlawful killing of a human being without malice during the commission of an unlawful act not amounting to a felony, or a lawful act which might produce death, done in an unlawful manner or without due caution and circumspection.”

Elements of the Crime

To convict under PC 192(b), the prosecution must prove:

1. A human being was killed;

2. The killing occurred during the defendant’s commission of:

• A non-dangerous crime, or

• A lawful act done without due caution; and

3. The killing was unintentional, but caused by the defendant’s negligence.

Examples of Involuntary Manslaughter

• A construction site supervisor ignores safety rules, resulting in a worker’s death

• A caregiver improperly administers medication, causing a fatal reaction

• Mishandling a firearm while showing it to a friend

• Fighting with someone and unintentionally causing their death

Penalties for Involuntary Manslaughter

Involuntary manslaughter is a felony and carries:

• 2, 3, or 4 years in state prison

• Formal probation (in some cases)

• Up to $10,000 in fines

• Restitution to the victim’s family

• Potential civil wrongful death lawsuits

If the act involved a firearm, the prosecution may file additional enhancements or related charges.

Defenses to Involuntary Manslaughter

Our team defends these cases by focusing on intent, causation, and foreseeability. Common defenses include:

• The death was accidental and not due to negligence

• The act was not dangerous or done unlawfully

• The defendant acted with reasonable care under the circumstances

• Another party caused the death (intervening cause)

• False accusations or distorted testimony

In some cases, we pursue pretrial diversion or civil compromise depending on the facts and background of the client.

Immigration and Employment Consequences

A felony manslaughter conviction can:

• Trigger immigration consequences for non-citizens

• Result in professional license suspension or revocation

• Lead to civil liability in wrongful death suits

We handle both the criminal defense and the collateral fallout with care.

Related Offenses

• PC 192(c) – Gross Vehicular Manslaughter

• PC 242/243 – Battery Causing Death

• PC 187 – Murder

• PC 245 – Assault with a Deadly Weapon

How Jones Trial Attorneys Can Help

Involuntary manslaughter charges can arise from accidents, misunderstandings, or workplace incidents. We bring a rigorous, compassionate, and trial-focused approach to defending your case—and protecting your record.

💼 Free consultations

⚖️ Proven experience in complex homicide and negligence cases

📍 Based in San Diego, available for serious felony defense statewide

Facing Involuntary Manslaughter Charges? We Can Help.

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