Do you need a Criminal Defense Attorney in Fresno? If you have been arrested or charged with manslaughter, it is essential to obtain legal counsel for help right away.
What is Manslaughter?
There are two main types of manslaughter: voluntary manslaughter and involuntary manslaughter.
Voluntary manslaughter is when one person kills another person during a sudden fight, in the heat of passion, or in unreasonable self-defense. In order to be guilty of voluntary manslaughter you have to have:
- Intentionally killed another person with no legal excuse for doing so, or
- Acted with a conscious disregard for human life
The difference between voluntary manslaughter and murder is whether or not you acted with malice aforethought.
Malice aforethought is when you act with an intent to kill by expressing malice or a disregard for human life. When malice aforethought is present, it is murder.
Involuntary manslaughter is when one person kills another person unintentionally with the following elements:
- A California infraction or misdemeanor, or a crime that is not an inherently dangerous felony was committed that led to involuntary manslaughter
- A lawful act was done in an unlawful manner
- The crime was committed with criminal negligence
- The actions caused another person’s death
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“After the first meeting with Mark, I knew we were in the right place. Mark was able to get answers and call all the right people to protect my child. We would never deal with the criminal justice system again with out Mark Broughton at our side. We are very thankful we found him and the matter with our son went away quickly.”
“Mr. Broughton is top notch. My son was facing a felony, strike charge. Mr. Broughton fought for my son’s pre-trial release against the recommendation of the probation department, and my son was able to come home. Today, the case was resolved and the outcome was minor in comparison to the charge. I highly recommend Mark Broughton!”
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Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.
Let’s sit down one-on-one. I will review your case and your options for the best possible outcome.
Penalties for Manslaughter
If found guilty of voluntary manslaughter you face the following penalties:
- Incarceration time
- A potential strike on your record under California’s Three Strike Law
- A maximum fine of $10,000
- The loss of your right to own a firearm
- Community service or labor
- Counseling services
If found guilty of involuntary manslaughter you face the following penalties:
- Felony probation
- Imprisonment time
- A maximum fine of $10,000
Involuntary manslaughter usually involves a civil suit as well. The civil suit can increase fines drastically.
Legal Defenses for Manslaughter
Under California’s self-defense laws, you can’t be guilty of manslaughter if you killed someone in the self-defense or in defense of others if you reasonably believed that you or someone else was going to be killed, suffer great bodily injury, or be raped, maimed, robbed, or the victim some other brutal crime. The steps taken to prevent this have to be reasonably necessary to protect yourself and others.
In order to use the accidental killing legal defense, you cannot have acted with criminal negligence and engaged in any wrongdoing. You need to show that you had no criminal intent to harm anyone, you were not acting with criminal negligence at the time of the killing, and you were engaging in lawful activity at the time of the killing.
There should be enough evidence to convict someone of involuntary manslaughter but sometimes police officers jump to conclusions. An experienced criminal defense lawyer can help find the facts.
It’s possible someone is trying to put the blame on you for selfish reasons. A good criminal defense lawyer can find the truth.
The insanity defense could be used for voluntary manslaughter. It states that you killed someone because you didn’t know the nature of the act, and/or you can’t distinguish between right and wrong.
Have you been legally accused of committing manslaughter? If you have been arrested or charged with a crime, it is essential to obtain legal council for help. It’s important to take your charges seriously. Don’t just hope for the best. Hire an attorney who understands your situation and the consequences you face.
Your Defense Attorney for Manslaughter Charges
I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Violent Felonies, Federal Crimes, White Collar Crimes, Violent Crimes, Murder, Gang Crimes and Sex Crimes to name a few.
Your Defense Attorney for Manslaughter Charges
I’m Mark A. Broughton and I’m here to fight for you. I have been a defense Attorney for 40+ years and have represented thousands of people accused of crimes. I have extensive experience representing citizens charged with Violent Felonies, Federal Crimes, White Collar Crimes, Violent Crimes, Murder, Gang Crimes and Sex Crimes to name a few.
About Mark Broughton:
Compassionate, highly experienced, exceptional reputation, ethical and honest:
Mark Broughton has been practicing law for over 40 years. He estimates that he has conducted over 200 jury trials – everything from DUIs, drug cases, sex cases, domestic violence, assaults, “three-strikes,” dozens of cases involving criminal street gangs, gun/deadly weapons, drive-by shootings, robberies, attempted murders, and murders, including special circumstance murder cases.
He has received many outright Not Guilty verdicts for his clients in all of these types of cases, including several murder cases – at one time between 2005-2007, the jury found his clients Not Guilty in four separate cases in a row.
Mark Broughton is qualified as a death penalty lawyer and is on the special circumstances/death penalty panel of attorneys in Fresno, California, where he is regularly appointed to special circumstances/death penalty murder cases by the Fresno County Superior Court.
Other Qualifications:
- Certified Specialist Criminal Law, State Bar of California
- Board of Trustees, State Bar of California
- Chairman, Fresno County Bar Association, Criminal Law Section
Mark Broughton enjoys close relationships with his clients. He sees every individual’s situation with compassion and empathy and believes that every person has the right to a fair trial and is innocent until proven guilty.
Above all, he enjoys helping reunite his clients and their families during and after dealing with perhaps the most difficult time in their lives, going through the challenging criminal process with them.
