23 Mar 26
Accidents occur all the time, but when they result in the loss of someone’s life, you could face serious legal consequences, including up to life behind bars. If you are curious whether the prosecutor could charge you with “accidental homicide,” many people have the same concern, and it is a reasonable question. The answer to this question is yes, but only under specific conditions.
Many people often find themselves, loved ones, or close friends in confusing criminal investigations after a lethal incident that they did not intend to cause. If you find yourself in this situation, understanding your legal options is crucial because the consequences of any offense that involves the death of another person could be devastating.
Retaining the services of a credible criminal defense attorney can help you level the playing field in a criminal justice system that is not on your side, increasing your odds of securing a positive outcome.
Understanding What “Accidental Homicide” Refers To
“Accidental homicide” is not a specific legal term, but it commonly refers to situations where someone unintentionally causes someone’s death. However, someone’s death could be unintentional and still attract criminal charges under the Penal Code (PC), depending on the specifics and circumstances of your unique case.
Generally speaking, accidental homicide occurs when you take the life of another person or fetus while committing an act that is:
- Lawful
- Done with an honest and reasonable belief that it will not cause any harm
Accidental homicide is not an independent crime under the Penal Code, meaning it may not attract criminal charges. According to PC 192, homicide is excusable if it occurred due to a misfortune or while performing a legal act by lawful means with ordinary and usual caution and without any illegal intent.
Common Criminal Charges That Could Arise From Accidental Deaths
As mentioned in the previous paragraph, an accidental homicide is not an independent criminal offense under the Penal Code, but you could face other grave charges when you kill another person accidentally. Depending on the specifics and facts of your unique case, the prosecutor could file any of the following charges against you following an arrest as an offender in a case involving the accidental death of someone:
Involuntary Manslaughter
According to Penal Code 192(b), you commit an involuntary manslaughter offense when you unintentionally kill another person without malice aforethought. Generally speaking, you commit this offense when you cause someone’s death due to negligence or during the commission of a non-inherently dangerous felony.
Here are examples of acts that could attract involuntary manslaughter charges under PC 192(b):
- Hellen, with no previous bad driving record, speeds on the highway and accidentally hits a pedestrian on the walkway. In this case, the prosecutor could file PC 192(b) charges against Hellen for negligently causing the death of another person, even though it was unintentional
- Julius runs a group home for adults with severe mental health problems who cannot properly care for themselves. Then he/she fails to provide sufficient food, supervision, and care to his charges, and because of that, one of the residents dies. In this case, the prosecutor could file involuntary manslaughter charges against Julius for failing to meet his legal obligation to care for and supervise his charges
For the court to convict you for a PC 192(b) violation, the prosecution team must prove the facts listed below at trial beyond any reasonable doubt:
- You committed a non-felonious illegal act or
- You committed a lawful act in an illegal way
- You acted with criminal negligence
- Your acts caused the death of the person
It is worth noting that the court could convict you under this statute even if you did not have the intent to kill someone to secure a PC 192(b) violation conviction against you. However, when the prosecutor secures a guilty verdict against you for a PC 192(b) charge, your sentence could include a jail sentence of up to four years and a fine not exceeding $10,000.
Vehicular Manslaughter
You commit a vehicular manslaughter offense under PC 192(c) when you kill someone while driving negligently or illegally. Here are examples of acts that may lead to criminal charges under this statute
- While texting her friend, Louise hits a bicyclist, and he dies on the spot. In this case, Louise could face vehicular manslaughter charges for negligently causing the preventable death of the bicyclist
- With plans of seeking insurance payouts, Jason intentionally drives into a stop sign while speeding, and in doing so, he accidentally causes the death of a pedestrian. In this situation, the prosecutor could file PC 192(c) charges against Jason even if he/she had no intentions of killing the pedestrian
- While speeding on the highway, Daniel crashes into another car from the rear, killing the driver on the spot. In this case, the prosecutor could hold Daniel criminally liable for vehicular manslaughter
The penalties you may face following a conviction under this statute depend on various factors, including the following:
- Whether you were intoxicated
- The degree of negligence you portrayed on the road
- Your criminal background
If your attorney can convince the court that you acted with ordinary negligence, you could face misdemeanor penalties after a conviction under Penal Code 192(c), including up to one year in jail. However, if you acted with gross negligence, you could face felony or misdemeanor penalties because the court will treat your case as a wobbler.
The penalties for a misdemeanor conviction under this law, when gross negligence is involved, will remain the same as those mentioned in the previous sentence. However, if your case qualifies as a felony, you should expect a harsher sentence, including up to six years of jail time.
Watson Murder
Another crime involving the accidental killing of another is the Watson murder, also known as DUI murder. The prosecutor will treat the most serious cases involving DUI-related deaths as the “Watson” murder. Specifically, the prosecutor will file this charge against you if any of the facts listed below are true:
- You have a prior DUI conviction history
- The judge issued “Watson advisement” during your first conviction, or you were informed about the risks of driving with drugs or alcohol in your system
The prosecutor is more likely than not to file DUI murder charges against you if:
- You were engaged in an extremely dangerous behavior, including speeding or a speed contest
- Your BAC level was at 0.15% or above
- You have several DUI-related convictions on your record
DUI murder is a felony offense, and a conviction is punishable by:
- Up to $10,000 maximum fine
- state prison incarceration for up to fifteen (15) years to life
Voluntary Manslaughter
Voluntary manslaughter is the unlawful killing of another person that is either based on an honest but unreasonable belief that you need to defend yourself or occurs during a heat of passion or sudden quarrel.
A typical scenario for voluntary manslaughter is when a husband discovers his recently married wife cheating on him and, in a moment of rage, he reaches for his gun and kills the individuals involved. For the court to convict you for a PC 192(a) violation, the prosecutor must convincingly prove the facts listed below at trial:
- The deceased provoked you
- Due to the provocation, you acted with rage and under the influence of emotions that blurred your ability to reason or make a judgment
- The provocation would make any other reasonable person in the same situation act rashly and without due deliberation
The penalties for a voluntary manslaughter conviction are harsher than those for an involuntary manslaughter conviction, comprising the following:
- Up to eleven years of jail time
- Felony probation
A PC 192(a) violation conviction could also result in the following penalties:
- A fine not exceeding $10,000
- Loss of your right to possess or own a firearm
- A strike on your record under the Three Strikes Law
If you are under arrest or investigation as a suspect in any of the above crimes, you will rely on your attorney at every stage of the prosecution process to help you secure a favorable outcome. Even after a conviction, your attorney could help prepare various mitigating arguments to convince the court to award you the most lenient sentence.
Examples of mitigating arguments that could work to your advantage include the following:
- You are a first-time offender
- You have cooperated with law enforcement officers and the prosecution team throughout the process
- Any reasonable person in the same situation would have behaved or acted in the same way
Legal Defenses to Most Accidental Homicide Cases
The specific defense arguments the attorney will use to challenge your charge will depend on the specific facts surrounding the accidental homicide case. Viable defense arguments that may work to your advantage to secure the best possible outcome include the following:
You Did Not Act With Criminal Negligence
Arguing that it was indeed a true accident could work in your favor to receive a positive outcome in your case. If your attorney can prove to the court with convincing evidence that your conduct or acts were lawful and reasonable under those circumstances, the court may drop or dismiss your charge. Common evidence that could work in your favor includes the following:
- Eyewitness testimonies
- Recorded communications
- Video surveillance videos
The Prosecutor’s Evidence is Insufficient
A skilled attorney can find weaknesses in the prosecutor’s case against you and prepare evidence that can raise a doubt about his/her case at trial. Without sufficient evidence, the prosecutor cannot secure a guilty verdict against you.
You Were Mistakenly Identified as the Offender
Mistaken identity issues are common in homicide-related cases. For example, someone could identify you as the offender in a homicide-related case because you have the same height or hairstyle as the actual offender. The judge or the jury could reduce or dismiss your charges if your attorney has sufficient evidence to support this legal defense argument.
You Acted in Lawful Self-Defense
Your attorney could challenge your accidental homicide case by arguing that the killing of that person was a result of an act of self-defense. For this legal defense argument to prevail at trial, your attorney must prove to the court that:
- You reasonably believed that you or a loved one was in imminent danger of sustaining a severe bodily injury
- The force you applied was needed to stop the danger
- The degree of force used was reasonably necessary under these circumstances
You are a Victim of False Accusations
Your attorney could challenge your charges by arguing that the accusations are false or based on fabricated evidence, meaning you did not commit the offense. If this legal defense works in your favor, the court could reduce or dismiss your charges.
Ultimately, for the prosecutor to secure a guilty verdict against you for any crime that could arise from the accidental homicide case, he/she must prove all the facts of the case beyond any reasonable doubt. Having an aggressive and seasoned attorney is key if you or a loved one is under arrest or charged with any of the above-discussed offenses following the accidental death of someone.
Steps to Take if You are Under Investigation in a Criminal Case Involving Accidental Homicide
Understanding what you need to do following an arrest as an offender in a criminal case involving accidental homicide is vital. Even though you understand the death was accidental, you should not try to explain or justify yourself to the arresting or investigating officers because your statements can be misinterpreted or used against you. Instead, you should:
- Invoke your right to remain silent
- Request the legal assistance of an attorney
- Not consent to any illegal searches
- Avoid discussing the incident with friends, colleagues, or family, and posting about it on the internet
Time is of the essence if you are under arrest or charged with a criminal case involving the death of another person, regardless of whether the death was accidental or not. The proactive steps you will take after learning you are under investigation or after an arrest will determine whether the prosecution team will file your case as a felony or misdemeanor.
The Bail Process After an Arrest for a Crime Involving Accidental Homicide
After an arrest for a murder-related offense, the police will hold you in legal custody pending the outcome of your case until you post bail. However, your release is not immediate because securing a release from jail on bail after an arrest for a murder-related offense is a multi-step process. Here are the steps to expect:
Initial Booking and Processing
Once you arrive at the police station, the police officer in charge of the booking and processing will do the following:
- Record the allegations you are facing
- Record your name
- Confiscate your personal items
- Take your fingerprint and mugshot
- Check your health status
For an offense involving someone’s death, the arresting officer could hold you in jail after the booking process, pending your case’s arraignment.
Arraignment
The arraignment is your initial court hearing after an arrest for a murder-related charge. The arraignment hearing must occur within 48 hours of an arrest, unless the arrest occurred on a public holiday or weekend. At the arraignment hearing, the prosecutor will present the allegations you are facing, and he/she may argue for a high or no bail based on the following:
- The ties you have to your community
- The strength of evidence available against you
- The seriousness of the alleged offense
- The chances of you fleeing to your home country
- Your criminal record
Bail Hearing
If the court fails to set bail at the arraignment, your criminal defense attorney can request a bail hearing. During this hearing, both the prosecutor and your attorney will be present. The prosecutor will present aggravating evidence to show the court why you are an unsuitable candidate for release.
On the other hand, your attorney will present mitigating evidence to show the court you are eligible for a release from jail on bail. The judge will consider the following factors when deciding whether you qualify to post bail:
- Your criminal background
- The circumstances and nature of your offense
- Your employment record
- Whether you have a record of skipping bail
- Whether you are a threat to public safety
If the court allows you to post bail, you should do whatever is necessary to post the required amount as soon as possible to stay out of legal custody as your case continues. You can post your bail using cash to secure your pretrial freedom immediately. However, if you do not have any cash, the court could accept a:
- Bail bond
- Property bond
Find a Licensed Criminal Defense Attorney Near Me
If you or someone you care about is facing criminal charges, swift action is imperative, as the penalties you may face upon conviction can be life-changing and long-lasting. Call our credible criminal defense attorneys at Leah Legal at 818-484-1100 if you are under investigation or arrest as an offender in a criminal case involving accidental homicide in Van Nuys.
