What is the difference between voluntary and involuntary manslaughter?
Voluntary manslaughter and involuntary manslaughter are two types of manslaughter offenses in California. Voluntary manslaughter occurs when a person kills another without premeditation, but when there is an element of provocation or heat of passion. This usually involves a situation where the accused is responding to extreme emotional provocation such as catching someone in the act of a crime or a sudden fight. Involuntary manslaughter occurs when a person kills another person through recklessness or negligence. This typically involves an unintentional death caused by an act that the accused was aware or should have been aware posed a risk of death or serious injury, such as drunk driving or carelessly handling a firearm. The difference between voluntary and involuntary manslaughter is that voluntary manslaughter involves an element of intent, such as intent to cause serious bodily harm or intent to kill, while involuntary manslaughter involves an unintentional killing. Additionally, the punishment for voluntary manslaughter is typically greater than the punishment for involuntary manslaughter, as voluntary manslaughter is normally charged as a felony.
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