Legal Question in Criminal Law in California

Re: attempted voluntary manslaughter

If you shoot at someone with the intent to kill him but fail, it is an attempted murder or manslaughter even if you miss him completely. Trying to kill someone is a serious crime, so an eleven-year sentence is not inherently harsh (though it might be depending upon the circumstances).

The juror's comment is troubling. Was it reported to the judge? If so, what happened? If not... well, then that's why no action was taken.

Re: attempted voluntary manslaughter

It would not matter that your brother in law is a bad shot. If a better shot it would be manslauighter. There must be more to this story. Priors or something. MS is not 11 years.

Re: attempted voluntary manslaughter

It would not matter that your brother in law is a bad shot. If a better shot it would be manslauighter. There must be more to this story. Priors or something. MS is not 11 years.

Re: attempted voluntary manslaughter

Voluntary manslaughter [Penal Code section 192(a)] carries 3, 6, or 11 years in state prison. If a crime is an attempt, the sentence is half of either of those numbers. Each alleged victim can be charged separately, increasing the sentence. There had to have been a firearm enhancement added on as well. There are several ways that can be charged, and depending on how the DA chose to file it, that could add several years.

I'd need to know the specific number of counts and code section of the firearm enhancement to determine exactly how an 11 year sentence was arrived at, but for shooting at one (or it sounds like several) people, an 11 year sentence in California isn't unheard of.

As far as the juror's comment - any motion for a new trial would have to be filed before the sentence was imposed. If a juror had already expressed an opinion or come to a conclusion without deliberations with fellow jurors, it could be deemed to have been juror misconduct. If sentence has already been imposed, an appeal is the way to go now. If you're serious about pursuing an appeal on this, let me know and we can discuss it further.