Involuntary Manslaughter Charges in California (Penal Code § 192(b))

Accused of Involuntary Manslaughter? The Stakes Are Higher Than You Think.

Involuntary manslaughter might not involve intent to kill—but California law still treats it as a serious felony. Under Penal Code § 192(b), you can face years behind bars for a death that was accidental but happened while you were committing a non-felony crime or acting without due caution. That’s why having a strong legal defense is essential.

At The Nieves Law Firm, we help clients throughout California challenge wrongful or inflated involuntary manslaughter charges. We understand the stakes, and we’re here to advocate for your side of the story.

What is Involuntary Manslaughter Under Penal Code § 192(b)?

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

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

In plain terms, it refers to an unintentional killing that happens:

• While committing a non-felony crime, or
• While doing something legal, but in a reckless or negligent way

Unlike voluntary manslaughter or murder, there’s no intent to kill, but someone died as a result of careless behavior or poor judgment.

Key Legal Elements the Prosecution Must Prove

To convict someone of involuntary manslaughter in California, prosecutors must show:

1. A person was killed;
2. The defendant committed:
   • A crime not amounting to a felony, OR
   • A lawful act performed with criminal negligence; and
3. The defendant’s actions were directly responsible for the death

Malice, premeditation, or even intent to harm are not required. But if the prosecution can’t prove these elements clearly, the charge may not hold up in court.

Examples of Involuntary Manslaughter in California

Example 1: Mishandling a Firearm

Someone is cleaning a loaded gun in a public space, joking around, and it accidentally discharges and kills someone nearby. While they never meant to hurt anyone, their lack of caution could be classified as criminal negligence leading to involuntary manslaughter.

Example 2: Unsafe Business Practices

A business owner ignores known safety risks in a factory, and a worker is killed due to a preventable accident. Even if the owner didn’t personally cause the death, they could face involuntary manslaughter charges if their reckless oversight is linked to the fatality.

Example 3: Unlawful Act Not Amounting to a Felony

A person illegally discharges fireworks in a residential area. One firework sets off a blaze that kills a neighbor. Because the act was illegal (misdemeanor) and caused a death, they may be charged under PC § 192(b).

What Does “Criminal Negligence” Mean?

Criminal negligence is more than just carelessness. It means:

• Acting in a way that a reasonable person would know poses a high risk of death or serious injury
• Ignoring that risk or failing to act with ordinary caution
• Creating a substantial, unjustifiable danger to human life

It’s important to note that not every mistake or accident qualifies. The behavior must rise to the level of gross negligence, not just poor decision-making.

Penalties for Involuntary Manslaughter in California

Involuntary manslaughter is a felony offense and can result in:

• 2, 3, or 4 years in county jail under realignment (AB 109)
• A strike on your record in some circumstances
• Up to $10,000 in fines
• Probation in select cases
• Civil lawsuits from the victim’s family

If a firearm was involved, you may also face additional charges or enhancements under related weapons laws.

Involuntary Manslaughter vs. Other Homicide Charges

Charge	Intent to Kill?	Malice?	Common Scenario
Murder (PC § 187)	Yes (or implied)	Yes	Planned killing or reckless disregard for life
Voluntary Manslaughter (PC § 192(a))	Yes	No	Heat of passion killing after provocation
Involuntary Manslaughter (PC § 192(b))	No	No	Accidental death due to criminal negligence

What Most People Get Wrong About Involuntary Manslaughter

“It Was Just an Accident—That Means It’s Not a Crime.”

Wrong. If the accident happened while you were acting in a criminally negligent way, or while committing an unlawful act, it can rise to the level of involuntary manslaughter.

“It Doesn’t Matter If the Act Was Legal.”

False. Even legal behavior, like driving a car or running a business, can result in charges if it’s done recklessly enough to cause death.

“If I Didn’t Touch the Person, I Can’t Be Charged.”

Not true. You don’t have to physically harm someone to be responsible. If your actions or inaction directly caused the death, you could still be held legally accountable.

Legal Defenses to Involuntary Manslaughter Charges

At The Nieves Law Firm, we explore every avenue to fight involuntary manslaughter charges, including:

The Death Was Truly Accidental

If the fatality occurred with no criminal negligence, you may be able to argue that it was a true accident and does not meet the legal definition of manslaughter.

The Defendant Did Not Cause the Death

Causation is key. If someone else’s actions, or an unforeseeable chain of events, led to the death, we can argue you were not legally responsible.

No Unlawful or Negligent Act Occurred

If the underlying act was lawful and conducted with appropriate care, you may not be guilty. We scrutinize all police reports and expert testimony to challenge these claims.

False Allegations or Misinterpretation

In complex cases, such as workplace accidents or disputes, witnesses may misunderstand what happened or make false claims. We investigate the full context of the incident.

Recent Updates to Penal Code § 192(b)

In 2023, the Legislature clarified that gross negligence can include certain reckless driving behaviors:

• Participating in sideshows
• Speed contests
• Driving over 100 mph

However, vehicular deaths involving reckless driving are now generally prosecuted under vehicular manslaughter laws, not PC § 192(b).

FAQs About Involuntary Manslaughter in California

Is involuntary manslaughter a felony in California?

Yes. It is a felony, though it carries less severe penalties than murder or voluntary manslaughter.

Can I go to prison for involuntary manslaughter?

Yes. You can face 2 to 4 years in county jail or prison if convicted.

Can I get probation instead of jail time?

Possibly. First-time offenders and cases involving low aggravating factors may be eligible for formal probation, but this is never guaranteed.

Is involuntary manslaughter a strike under the Three Strikes Law?

Not always. It depends on the circumstances, especially whether a weapon was used or if the case involved additional enhancements.

What happens if the death occurred at my workplace?

You could be charged if gross negligence or safety violations led to the fatality. However, these cases are complex, and a strong defense can protect you from wrongful liability.

Protect Your Rights with a Skilled Homicide Defense Attorney

Being accused of involuntary manslaughter under Penal Code § 192(b) can feel shocking and unfair, especially if you never intended to harm anyone. But the law still holds people accountable for deaths caused by criminal negligence.

At The Nieves Law Firm, we don’t just look at what happened, we look at why it happened and whether the prosecution can actually meet their burden of proof. Our experienced trial attorneys build strong defenses rooted in facts, context, and constitutional protections.

Schedule your confidential consultation today. Whether you’re under investigation or already charged, we’re here to fight for your future.