45+ Years Criminal Defense
Experience in California
Over 30 Years Experience in Orange County
As defined in California Penal Code Section 192(a), voluntary manslaughter is charged in situations where a human being was unlawfully killed, but the accused killer did not act with the malicious intent to murder. Instead, the killing was brought on by a sudden fight or provoked in the heat of passion. This happens, for example, when a brawler is accidentally killed in a bar fight, or when a husband falls into a jealous rage when he finds his wife in bed with another man. Because this crime does not require any specific murderous intent, voluntary manslaughter is considered less culpable than murder; however, it is still a very serious crime in California.
You will be held to have committed voluntary manslaughter if you were provoked; if that provocation drove you to act rashly with impaired reasoning and judgment; and if any reasonable person would also have acted rashly under the same circumstances. Basically, something needs to have driven you over the edge so that you lose all self-control, and your actions must have been something that any average person would have done in your position.
If convicted, voluntary manslaughter is punishable by imprisonment in state prison for a period of up to 11 years. Involuntary manslaughter brings with it a sentence of up to 4 years in state prison. Vehicular manslaughter can range from up to 1 year in county jail to a maximum sentence of 10 years in state prison. Therefore, a defendant facing murder charges will often seek to reduce that charge to manslaughter.
Voluntary manslaughter can be justified and excused if you can show, for example, that you acted in self-defense, in the defense of others, while in your home, or while performing a citizen arrest. An experienced criminal defense attorney can raise these defenses on your behalf, which may lead to your acquittal or a reduction of the charge.
If you are charged with voluntary manslaughter, it is imperative that you consult with an experienced criminal defense attorney. At Wallin & Klarich, our attorneys have over 40 years of experience handling homicide cases that deal specifically with voluntary manslaughter.
Call us today at 877-385-4938 for a free consultation. We will see to it that your rights are protected in a court of law, and that your innocence ultimately prevails.
I was charged and arrested for 1st Degree Murder in conjunction with a brawl outside a rodeo in Riverside County. The police arrested and charged me and a friend for knifing a guy to death. I maintained my innocence and even though I was present that evening I never held a knife and never got near the victim. The police stated that 4-5 witnesses had placed the knife in my hand at some point and that the security guards said we were both involved with the victim. I was facing LIFE in prison for something I didn’t do.
I was referred to Wallin & Klarich and one of the partners was assigned to my case. Wallin & Klarich aggressively prepared my defense and believed in my defense and more importantly, my innocence. After months of investigation and preparation, my attorney took the case to preliminary hearing along with the co-defendant. While my attorney advised me that 95% of homicide cases get bound from prelim to trial, my attorney assured me that he would do everything he could to get me the charges dropped and me out of custody….and he did just that. At preliminary hearing, the DA presented the witnesses and my attorney exhaustively cross-examined each and every one of them….poking holes in their testimony and the DA’s case against me.
After 4 days of prelim testimony and argument, my attorney convinced the Judge that there was insufficient evidence for the charge against me. Even though the burden of proof for the DA was so much lower at prelim than trial, the Judge dismissed the charges against and I was released from custody! I would recommend Wallin & Klarich to anyone charged with a any crime - their effortless representation on my case gave me my life back!
On a side note, the co-defendant, who also hired a private attorney, was bound over to trial and found guilty.
F.L.
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I was charged with 1st Degree Murder for the shooting death of an elderly woman in San Bernardino County. I was arrested and charged with numerous felonies and was facing LIFE in prison. While I wasn’t innocent of the shooting, I was not guilty of murder as I shot the gun in defense of others and the stray bullet ended up killing the victim. I had never been in trouble before and devastated by my actions…as such, I was prepared to take responsibility but not for murder! After having a public defender for months and feeling like I was going nowhere but prison for the rest of my life, my family was referred to Wallin & Klarich, who assigned a partner to my case. Wallin & Klarich believed in me and my defense of others. Even though Wallin & Klarich explained that my defense of others was “imperfect” within the law, they believed the charges were overcharged and that they would attempt to get the charges reduced to a voluntary manslaughter with use a weapon, which would avoid LIFE imprisonment and give me a determinate prison sentence so I can have my life back eventually. In the end, that is exactly what happened. I am currently serving my sentence and in a few years will have my life back. Every day I thank God for Wallin & Klarich and ask for his forgiveness for the death of the victim.
R.R.
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I was referred to Wallin & Klarich after being charged with 1st Degree Murder along with 2 other defendants as a result of a drug deal gone bad in Riverside County. I was roped into the thumping of a friend at the hands of crazed parolee and his sidekick. I feared for my life at the time and didn’t stop them even though I should have. I will regret that decision the rest of my life as they beat my friend to death and left him for dead in an abandoned field wrapped in a tarp. Wallin & Klarich made tireless efforts to prepare my defense and pushed hard for a reduced charge and sentence along with my testimony against the others….but to no avail. I was prepared to take responsibility for my actions but we were forced to go to trial. The trial lasted a month with countless witnesses being called. Wallin & Klarich aggressively cross-examined the DA’s witnesses and in closing argued to the jury that I had acted out of fear and duress. Wallin & Klarich presented a reasonable and plausible defense….they presented the facts without the hype! In the end, my co-defendants were found guilty of all of the charges and the jury deadlocked on my charges, which would lead to a possible 2nd trial. With that knowledge, the DA’s finally backed off the 1st degree murder charges and offered me a lesser charge to avoid a 2nd trial. After lengthy discussions with my attorney and family, I accepted the plea bargain….which is what we had been striving for before trial. I would recommend Wallin & Klarich to others charges with serious crimes.
S.W.
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I was arrested and charged with 1st Degree Murder for the killing of a man and Attempted Murder of another in a connection with a gang-related shooting in a neighborhood in San Bernardino County. Even though the evidence was stacked against me and I was facing 2 LIFE terms, my family took the chance on hiring a private attorney. We were referred to Wallin & Klarich. Wallin & Klarich assigned one of its partners to my case. After lengthy discussions and analysis of the evidence and law, my attorney advised me that the best we could hope for getting the charges reduced to voluntary manslaughter, which would prevent any LIFE terms and give me a chance at life again after serving a determinate sentence. I agreed and was very happy to hear that I had a chance to redeem myself after serving my punishment as the other inmates and the public defender didn’t give me any hope at all of seeing the light of day. After several months of aggressive negotiations, Wallin & Klarich was able to attain a plea bargain to voluntary manslaughter and a determinate sentence! I was able to avoid LIFE in prison and look forward my rehabilitation and eventual release at a relative young age still. Thank you Wallin & Klarich for believing in me.
A.S.
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I was verbally assaulted with a friend outside a taco shop in Los Angeles County. In fear of our safety, I went to my car and pulled out a gun I use for security at work and shot one of the assailants. I was arrested and charged with Attempted Murder and was facing LIFE in prison. I hired Wallin & Klarich to represent me. Wallin & Klarich worked aggressively to build my defense. I knew I should have just left the scene when I got in my car to get my gun as I had time to do so, but I wasn’t of my right mind at the time and just responded to the verbal assault in the manner I did. I was willing to accept some responsibility but not LIFE in prison! In the end, Wallin & Klarich attained an offer to plead to assault with a weapon and be placed on PROBATION! I snapped that up right away and have been home enjoying my wife and children ever since. Wallin & Klarich gave me my family back. Thank you.
J.C.G.
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