When someone drives a motor vehicle carelessly to kill another person, that can be charged as vehicular manslaughter. This frequently results from a drunk driving accident, but other cases are now related to texting while driving.

Whatever the manslaughter charge, you need a prescreened California criminal defense lawyer who is familiar with California law.

criminal defense lawyer los angeles

Beginner-Friendly Guide To Vehicular Manslaughter In California

Depending on the case, vehicular manslaughter in the state of California may be charged as a misdemeanor or a felony.

Penal Code of California section 192(c) states that the punishment may be very severe and that the prosecuting attorney must show:

  • It was decided that the infraction was dangerous to human life.
  • The felony or misdemeanor was unlawfully committed while operating the automobile.
  • The felony or misdemeanor was done with common negligence.
  • Life was lost as a result of a misdemeanor or offense.

The defendant's history of careless behavior would be an aggravating element, although his admission of responsibility for the offense and lack of prior criminal history would be mitigating.

The aspects of the crime can be questioned with the help of a Los Angeles defense attorney.

The prosecution has the duty of proving that the defendant was somehow responsible for the death of another person, but a strong defense attorney can make that task exceedingly challenging. Self-defense, accidents, insufficient proof, or the defendant was wrongly accused are all excellent defenses that prescreened defense attorneys in Los Angeles can employ on behalf of their clients.

los angeles defense attorney

Potential Defenses Against Vehicular Manslaughter

Section 193 of the Penal Code specifies that vehicular manslaughter is punishable by up to a year in jail.

As a felony, vehicular manslaughter carries a sentence of 2, 4, or 6 years in state prison. If found guilty of the crime, the motor vehicle department will also suspend his or her license.

The following are potential vehicular manslaughter defenses:

  • No one died as a result of the defendant's actions.
  • Defendant did not act in a careless manner.
  • The defendant wasn't driving the car when the collision happened.

So, it's crucial for any accused to contact a prescreened Los Angeles criminal defense lawyer ASAP. You'll want to make sure you're making the right moves and are preserving your defense instead of harming it.

Gross Vehicular Manslaughter

The unlawful killing of a person without malice by gross negligence is referred to as vehicular manslaughter while inebriated in Penal Code 191.5.

4, 6, or 10 years in state prison in California are the possible sentences for this crime. A defendant facing additional prior convictions for the same offense and being found guilty of gross vehicular manslaughter faces a prison sentence in California ranging from 15 years to life.

When the defendant acts in a way that puts a great danger of causing physical harm or fatality to a person, and when a reasonable person would be of sound mind to know that behavior would generate such risk, the defendant has engaged in gross negligence.

The following must be demonstrated in order to establish a defendant's guilt of gross vehicular manslaughter while intoxicated:

  • While under the influence, the defendant drove the car.
  • While driving while intoxicated, the defendant committed a second misdemeanor or felony that could result in death to a person.
  • While the conduct was being perpetrated, the defendant exhibited extreme negligence.
  • Due to the behavior, there was a loss of human life as a result of gross negligence.

Contact a Los Angeles criminal law attorney ASAP to ensure you're getting the defense you need.

california criminal defense attorney

Get A Referral To The Best Criminal Law Attorneys in California 

Criminal charges need you to act quickly!

1000Attorneys.com can refer you to a prescreened, experienced, and discipline-free Los Angeles Federal Criminal Defense Attorney.

Contact us through our 24/7 Live Chat or fill out our inquiry form here.