Accidental homicide happens when you cause the death of another person while engaging in a legal act, and with a reasonable belief that no harm will occur. Generally, this is not a crime in California. However, homicide is treated as a crime if it is believed that the action that caused the person’s death was unlawful, or if you were negligent in causing the person’s death.

If your actions result in the death of a person, talk to a skilled criminal attorney who is qualified and experienced in homicide cases. They will review your case and advise you on your options and defense strategies. If you face voluntary or involuntary manslaughter, a competent attorney can fight your charges to convince the judge that you are only guilty of accidental homicide.

Understanding Accidental Homicide

When someone loses their life in an unnatural circumstance, the police must be involved to determine the cause of the death and the responsible person. If the cause of death is linked to a person’s actions, the responsible person can face criminal charges, depending on the details of their case. You can face murder or manslaughter charges, depending on the circumstances of the case. Murder involves premeditated killing with malice aforethought. If the death is an accident, prosecutors mostly file voluntary or involuntary manslaughter charges.

However, some deaths are usually accidental homicides. These are cases in which a person accidentally causes the death of another person while performing a legal act. In this case, the prosecutor will not file any criminal charges against the person. However, they must rule out murder and manslaughter before dismissing the case as accidental homicide. Also, if you face manslaughter charges for causing another person’s death, you can fight your charges by claiming and proving that it is an accidental homicide.

An accidental death happens when you cause the death of a person, and this death happens while you are doing the following:

  • Committing a legal act
  • Committing an act with a reasonable belief that your actions will not cause any harm to a person

If your case satisfies these critical elements, you are not criminally liable, and so, the prosecutor will not file any criminal charges against you. However, such details of a case are unraveled in a trial, meaning that you could initially face criminal charges for causing the death of a person, and then fight your charges in court. According to California Penal Code 195, a homicide can be excused if it happens by accident or misfortune. This is true if you engage in a legal activity with ordinary caution, without an unlawful intent to harm a person or destroy property.

Example: A mother leaves her children in a vehicle while she is at a medical appointment. She does not intend to stay long, and so, she reasonably believes that her children will be alright in the car. However, one child suffers a severe heatstroke and dies. The mother is charged with involuntary manslaughter. However, the defense strongly argues that the mother lacked criminal intent and that her actions were not entirely illegal. After a long deliberation, the jury finally allows her to avoid a conviction as they term her actions accidental homicide.

Accidental Homicide Vs Involuntary Manslaughter

Homicide is a general term referring to any act that results in the death of another person. The acts can be criminal or non-criminal. Criminal acts of homicide include murder and manslaughter, while non-criminal acts of homicide include accidental or excusable homicide. Accidental homicide is differently defined from involuntary and voluntary manslaughter under California law. This makes them different, with different repercussions.

Remember that accidental homicide is excusable because it involves the death of a person when a person is engaged in a legal act, and with no criminal intent. This is not considered a crime, and you can avoid a conviction if you prove that your actions are excusable, even though they resulted in a person’s death.

However, involuntary manslaughter is a crime under PC 192(b). It is legally defined as the unintentional killing of a person while engaging in an unlawful act, or a lawful act performed negligently. Accidental homicide and involuntary manslaughter are closely related and only differ in one aspect. For example, they both involve the unintentional death of a person. However, while accidental homicide happens in the commission of a lawful act in a legal manner, involuntary manslaughter occurs in the commission of an unlawful act, or a lawful act performed illegally or negligently.

If you commit a legal act with criminal negligence, or a lawful act that results in a person’s death, you will be charged with a felony, punishable by two, three, or four years in prison, and $10,000 in fines. The key elements of involuntary manslaughter, which make it different from accidental homicide, include the following:

  • Criminal Negligence

The prosecutor must demonstrate that you acted with criminal negligence, whether your actions were legal or illegal. Criminal negligence, in this case, means that you were reckless or had disregard for the victim’s well-being. It could also mean that you acted in an unlawful manner, or without any caution, even after knowing the risks your actions posed.

  • No Killing Intent

Although involuntary manslaughter is a serious crime involving the unlawful death of a person, it is different from murder. The main differentiating factor is that a person who commits involuntary manslaughter lacks the intent to kill the victim. Their major problem is recklessness, or engagement in unlawful acts that put others at risk of death.

  • The Causation

There is also the causation aspect, whereby your actions should be the direct cause of the alleged victim’s death. This is the same as accidental homicide. When prosecuting an involuntary manslaughter case, the prosecutor must demonstrate that the victim would be alive were it not for the defendant's actions.

Example: A doctor’s prescription causes the sudden death of a patient. It is determined that the prescription was the direct cause of the patient’s death. After an investigation, it is established that the doctor knowingly prescribed a higher dose of a dangerous drug. The doctor argues that the patient needed the higher dose for their symptoms.

In the end, the doctor is charged with involuntary manslaughter for knowingly prescribing a lethal dose of medication. Even if the doctor’s actions were legal and the doctor did not intend to harm the patient, their actions are considered negligent, given that they knew of the risk involved.

If the doctor prescribed the required dosage, but the medication overwhelmed and killed the patient, they may avoid a criminal conviction. The case becomes an accidental homicide case because their actions are legal and lack criminal negligence.

If you face involuntary manslaughter charges, you can fight for your charges to be reduced to accidental homicide so that the court will dismiss your case. However, you need an experienced criminal defense attorney to help you with your defense. They will need compelling evidence to counter the prosecutor’s case that your actions were legal and not illegal, and that you did not act with negligence.

Accidental Homicide Vs. Voluntary Manslaughter

According to PC 192(a), voluntary manslaughter happens when you unlawfully cause the death of another person through an unlawful act, in a sudden quarrel or heat of passion, but without malice aforethought. You can also face voluntary manslaughter charges if you kill someone during an imperfect self-defense moment. 

Unlike accidental homicide, voluntary manslaughter involves the intent to kill or seriously injure a person. Although a person’s actions occur in the heat of the moment, they are well aware that their actions are dangerous and could seriously injure the other person. In this case, voluntary manslaughter cannot be reduced to accidental homicide, especially if the crime meets all the elements of voluntary manslaughter.

However, voluntary manslaughter can happen when a person genuinely believes that they are in danger. In this case, they will use self-defense to protect themselves from imminent danger. If self-defense is imperfect, for example, shooting a gun at someone to stop them from harassing you, you could be guilty of voluntary manslaughter.

Voluntary manslaughter is more serious than involuntary manslaughter, but not as serious as murder. You can be sentenced to three, six, or eleven years in prison if found guilty of voluntary manslaughter.

How to Fight Homicide Charges in California

Homicide, whether murder or manslaughter, is a serious crime that results in life-changing consequences. In addition to a lengthy prison sentence and a hefty court fine, a conviction for murder, voluntary or involuntary manslaughter can result in a damaging criminal record. This will affect all aspects of your life, including your professional, social, and personal lives. Additionally, serious violent felonies like these can result in enhanced penalties and a strike on a record under the Three Strikes Law. However, you can influence the court’s decision by putting up a solid defense against your charges.

Here are ways in which you can help yourself:

By Hiring a Competent Defense Attorney

You need to work closely with an attorney who understands criminal law well and is willing to help you fight for the best possible outcome in your case. They must also have your best interests in mind. An attorney will help you navigate the complex legal process, defend your rights, and advise and support you in fighting your charges. They can also negotiate for a favorable outcome in your case. A skilled attorney will know the proper evidence to look for, how to present it in court, and how to fight the prosecution’s case to have your charges dismissed.

For example, they will rely on eye witness accounts, expert testimony, recorded communications, or surveillance videos to prove to the court that you are innocent of all your charges.

Thus, if you face homicide charges and believe that you only committed accidental homicide, you should start talking to a skilled criminal defense attorney immediately after your arrest. They will study your case and the prosecutor’s evidence to determine loopholes in the matter. They can also collect irrefutable evidence to prove that your actions were only accidental and not criminal.

For example, if you had a good relationship with the alleged victim, and there is no evidence of your falling out, your attorney can argue that you did not intend to kill them. Working with a competent defense team always increases your chances of obtaining a favorable outcome in your case.

Using the Best Defense Strategies

Skilled defense attorneys know how to use various defense strategies in fighting charges or influencing their clients’ cases. There are multiple strategies your attorney can use to compel the court to reduce your homicide charges to accidental death. Some of these strategies are:

1. Proving that You Acted in Self-Defense

This is a prevalent defense strategy for a violent crime like homicide. Self-defense means using reasonable force against a person who you believe is about to harm you. You can take action against a person to protect yourself or another person from imminent harm. The amount of force you use against the person must be reasonable enough according to the danger you face.

However, to successfully use this defined strategy, you must demonstrate that you reasonably believed that you or another person was in danger. A skilled attorney will provide the underlying circumstances of the matter to convince the jury that your actions were necessary at that time. Also, you must prove that the use of force was required to protect yourself or another person from danger. Lastly, you must prove that you only used reasonable force, as required under the circumstances, to stop the harm.

This defense strategy will not work if it is established that you used more force than necessary. However, if you were reasonably afraid for your safety, and you used just enough force, but accidentally killed a person, the judge can dismiss your charges as accidental homicide.

2. Proving that The Death was Purely Accidental

An accidental death is not anyone’s fault. That is why accidental homicide is not really a crime under the law. However, when someone is killed, and another person is alleged to have caused their death, the alleged perpetrator can be charged with voluntary or involuntary murder. In this case, your attorney can argue and prove that the person’s death was purely accidental, and not the fault of anyone.

Example: While hunting, Joab accidentally shoots a forest ranger, killing them instantly. Joab is first charged with involuntary manslaughter. However, their attorney can plead the case down to accidental homicide after proving that Joab reasonably believed that he was shooting at a game, and not a person.

In this case, Joab’s actions are lawful and free of criminal negligence. If there were an eyewitness, they could provide testimony to prove that Joab’s intent during the incident was pure. If this works, the court will dismiss their charges since accidental homicide is not a crime.

3. Proving that Your Case Lacks Causation

In homicide cases, causation is critical as it proves a direct connection between one person’s actions and the death of another. A person can only be guilty of killing another if their actions are the only and direct cause of the victim's death. If your case lacks causation, the prosecutor cannot prove beyond a reasonable doubt that you caused the death of the alleged victim.

Example: When Emily delivered the sad news to her father, James suffered a heart attack that eventually resulted in his death. However, a thorough investigation into the matter showed that James had other underlying medical conditions that could have contributed to the heart attack. In this case, Emily’s actions, though legal and reasonable, could not be ruled as the only and direct cause of her father’s death.

4. Filing a Motion to Suppress Evidence

The prosecutor needs irrefutable evidence to obtain a guilty verdict in a murder or manslaughter case. If not, the court can dismiss your charges for lack of sufficient evidence. If the prosecutor already has overwhelming evidence against you, but the evidence was obtained illegally, your attorney can suppress it. Examples of unlawfully obtained evidence include evidence obtained through coercion, trickery, or illegal search and seizure. If the court grants this motion, the prosecutor will lack sufficient evidence to secure a conviction.

Find Competent Criminal Defense Services Near Me

If you face homicide charges in Los Angeles, but did not act with criminal negligence, you can fight for accidental homicide with no criminal penalties. However, you need a skilled criminal attorney to handle your defense for a favorable outcome. They must have excellent skills and experience in handling homicide-related cases.

We have this qualification and more at the Los Angeles Criminal Attorney. We understand how severe a homicide-related conviction can be. We can use our best defense strategies to prove to the court that your actions were legal and without criminal intent. We could convince the judge to dismiss all criminal charges against you. Call us at 424-333-0943 to find out more about accidental homicide and our services.