Criminal homicide includes both manslaughter and murder. Murder and manslaughter are separate charges even though they both result in the death of another. The prosecution will charge a defendant with homicide when there is a killing of another either intentionally or unintentionally.
Non-criminal homicide occurs when the killing is in self-defense or, in the case of an accident, where a death occurred without a violation of law. Sometimes accidents happen and, therefore, not every case is a crime. While many individuals believe the facts warrant a criminal conviction and time in jail or prison, we ascertain the real cause. Moreover, when our client has done what is alleged, we also determine whether the criminal penalties proposed by the prosecution are warranted.
Here, the prosecution seeks to prove the defendant killed another person, but there is adequate provocation. The “heat of passion” is often provoked by rage, anger, terror and/or fear. Provocation must be the type that a reasonable person in the passion of the moment would lose self-control and act on impulse, without reflection.
If there is carelessness or reckless behavior that results in a killing, such as in the handling of firearms or driving of a motor vehicle, it is generally referred to as criminal negligence.
The San Diego manslaughter lawyers from Spital & Associates can help clients with violent crime cases. As experienced manslaughter defense attorneys in San Diego, CA, Spital & Associates has been helping clients in San Diego, CA for many years. Call our San Diego manslaughter defense attorneys at 619-583-0350 for your consultation today!
8880 Rio San Diego Drive, Suite 800
San Diego, CA 92108-1642
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Call (619) 583-0350 or send us an e-mail.
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