Vehicular Manslaughter Attorneys
Have You Been Charged with Vehicular Manslaughter in California?
In the State of California, and specifically in the city of Los Angeles, it is very important that every person driving a vehicle remain attentive to the lane or roadway they are traveling on. If a driver is not attentive or becomes distracted, they may cause an accident on the road that could involve the lives of other people. A person is accused of this crime when they are negligent on the road and, as a result of causing an accident, another human being dies.
It is always strongly recommended that people avoid answering phone calls while driving, responding to messages, or engaging in any type of distraction that may cause them to lose control of the vehicle and cause an accident. People are not exempt from being involved in a traffic accident; however, if an incident of this nature occurs, you should contact an attorney experienced in these types of cases.
What Does Vehicular Manslaughter Consist Of?
Vehicular manslaughter occurs when a person, by driving negligently, causes a traffic accident that results in the death of another person. Under California Penal Code section 192(c), a criminal manslaughter case involves the following circumstances:
- The driver acted negligently or drove in an improper manner.
- The driver caused the death of another human being.
- The level of negligence of the person who was driving the vehicle.
- Whether the person driving the vehicle was under the influence of alcohol.
- The criminal history of the person who caused the vehicular manslaughter.
In this type of case, it is important to understand that vehicular manslaughter is considered to have occurred if the death of another person results from the incident. In other words, if the negligent driver causes the death of another person involved in the collision, or if the driver had a passenger who died as a result of the accident, the event may be considered vehicular manslaughter.
What Types of Negligence Can Lead to Vehicular Manslaughter?
Drivers must keep in mind that they are responsible for the safety of the people inside their vehicle, those traveling in other vehicles, pedestrians, and anyone who may be exposed to the risk of vehicular manslaughter.
Negligence committed by the driver may be considered ordinary negligence or gross negligence, depending on the circumstances of the case.
Ordinary negligence occurs when the driver could have avoided the accident or the collision with another vehicle and could have taken precautions to prevent the incident. In other words, if the driver had acted with reasonable care, the accident would not have occurred.
Gross negligence refers to situations in which the driver acts in a manner that shows a reckless disregard for safety and causes a collision with another vehicle, resulting in injuries to other people or the death of one of them.
Penalties Applied in California for Vehicular Manslaughter
The penalties vary depending on the type of negligence committed by the driver. In cases involving gross negligence where a person’s death occurred, the penalties may include the following:
If the offense is charged as a misdemeanor, the penalties may include:
- A maximum of one year in jail.
- A fine of no more than $1,000.
- Summary probation.
If the offense is charged as a felony, the penalties may include:
- A prison sentence of two, three, four, or six years.
- Formal probation.
- A fine of up to $10,000.
If the negligence is considered ordinary negligence, the penalties may include:
- Up to one year in jail.
- Summary probation.
- A fine of no more than $1,000.
If the homicide was committed for financial gain, it is considered a felony offense and may result in the following penalties:
- A prison sentence of four, six, or ten years.
- A fine of up to $10,000.
Driver’s License Suspension After a Vehicular Manslaughter Conviction
When a person is found guilty and convicted of vehicular manslaughter, in addition to losing their freedom for a period of time, their driver’s license will also be suspended for a certain period. In cases involving gross negligence or financial gain, the driver’s license may be revoked, although the person may be eligible to apply for a new license three years after the conviction.
What Defenses Are Used in Vehicular Manslaughter Cases?
A defense attorney may use some of the following defenses:
- The driver was wrongfully accused.
- The driver did not act with negligence.
- The driver acted reasonably under the circumstances.
- The driver had no intention of obtaining financial gain from insurance.
- The death of the driver or the other person was not the result of the driver’s negligence that caused the accident.
In other words, the defense will be formulated depending on the type of vehicular manslaughter involved, whether it involved gross negligence, was charged as a misdemeanor, or involved alleged financial gain through insurance.