Vehicular Manslaughter in California - Penal Code 192(c) PC
In California, the crime of vehicular manslaughter is defined as driving negligently or unlawfully and thereby causing the death of another person.
When a death occurs due to drunk driving, reckless driving, speeding, gross negligence, or a hit and run, you may be charged with the crime of vehicular manslaughter. It is a form of manslaughter that involves the use of an automobile.
Penal Code 192(c) Vehicular says—
"(1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
(2) Driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.
(3) Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This paragraph does not prevent the prosecution of a defendant for the crime of murder."
This is a very serious legal offense in California. Depending on the circumstances involved, it can be considered a misdemeanor or a felony. The legal process for vehicular manslaughter cases typically involves arrest, arraignment, pre-trial hearings, trial, and sentencing.
If charged with a misdemeanor, you could face up to 1 year in jail, and if charged with a felony, you could face an even longer term of up to ten years in a state prison. In addition, you will face hefty fines, probation, driver's license suspension, driving school, and community service. These consequences underscore the seriousness of vehicular manslaughter charges in California, instilling a sense of the gravity of the situation.
When it comes to vehicular manslaughter in Los Angeles, there are a bunch of different levels of it. First, there's vehicular manslaughter, where somebody dies, and the person who was driving was drinking alcohol. This is one of the worst vehicular manslaughter charges you can face, and you can also be facing a second-degree murder charge related to that.
That's one of the worst vehicular manslaughter charges you can face, and you can also be facing a second-degree murder charge related to that.
The legal process for vehicular manslaughter charges can be unpredictable. The decision to charge with second-degree murder, vehicular manslaughter, or both is a serious matter that prosecutors carefully consider, leaving you with a sense of uncertainty about the outcome.
But I also see vehicular manslaughter cases being filed where there's no alcohol. Let's say a couple of people decide to race on the street. Somebody loses command of their car and kills an innocent person.
Both of those people are going to be charged with vehicular manslaughter because it's foreseeable if you're going to race on the street that you could end up killing somebody. So, that type of vehicular manslaughter is also severe. It's a felony. You're looking at prison time and a bunch of other ramifications.
Then, of course, if you just have a simple accident — you make a mistake, you do something stupid — they can charge some vehicular manslaughter charge against you that is not as serious as a felony where somebody is racing. You're looking at a lot less time and a much better result. However, even in these cases, you could still face serious consequences such as fines, probation, and community service.
Ordinary Negligence
Another question that people ask when they come in, whether they're talking about vehicular manslaughter while intoxicated or even that of ordinary negligence, which was what I was just talking about, is what do the prosecutors have to prove to prove that crime?
And in Los Angeles, they use the CALCRIM 591 Jury Instructions, dealing with vehicular manslaughter.
It says that for the prosecutors to prove a defendant guilty of vehicular manslaughter, they're going to have to confirm that the defendant drank some alcohol or had some kind of drugs — believe it or not, even drugs can be grounds for a vehicular manslaughter charge, or drugs and alcohol combined.
So, they're going to have to have that in their system. Their blood alcohol level for purposes of alcohol will have to be a .08 or greater.
The second element is they're going to have to indicate that while they were under the influence of that alcohol, drug, or whatever it is or the combined influence of those, that the defendant also committed some unlawful act, and number three, the defendant committed the act. It has to be more than ordinary negligence, and obviously, death results.
Vehicular Manslaughter Involving Alcohol
So, they're playing with the words here when you talk about vehicular manslaughter and alcohol. Suppose your acts are very callous and wanton.
In that case, you're running through red lights, going over 100 miles an hour, and you've got alcohol in your system, you can bet your bottom dollar you're going to be charged that most vehicular severe manslaughter and also possibly murder if somebody dies in the process of your driving.
If, on the other hand, you try to beat a light, you're not going more than the speed limit, and somehow you get in a collision and somebody dies, that's ordinary negligence.
You'll be in a much better position. You don't want to be charged with a crime, but it's questionable when somebody commits ordinary negligence. Another person dies, and it's unclear whether they should even be charged with a crime.
I mean, that could be wrongful death — you were negligent, somebody died. You're going to be held responsible. The person can sue you civilly. But is it fair that you also get criminal charges against you?
These are the arguments and battles that I have every day when I'm in the courtrooms in Los Angeles, and obviously, I'm trying to do everything I possibly can to convince the prosecutors either not to file the charge or, if they do file the charge, to mitigate it down to something reasonable, that's fair under the circumstances, giving you hope for a fair trial.
So, if you've got a vehicular manslaughter case and need help, come to somebody who's been doing it for twenty-five years and has had great success.
Protect Your Rights in Los Angeles County Courts
If charged with vehicular manslaughter, you will need a solid defense. We will use our 75 years of combined knowledge and experience to defend your case aggressively. We want you to know that we are determined to succeed by obtaining a winning outcome for your case.
Call our office today to review the facts of your case and police report and obtain answers to any questions that you may have concerning the charges against you. You can expect loyalty and trust that you can depend on to ensure your legal rights are well protected in California.
Often, these vehicular manslaughter cases are just pure accidents, and the prosecutors shouldn't be filing them as criminal charges. It depends on the facts and circumstances of the case.
Of course, if somebody is driving recklessly or using alcohol or drugs and ends up getting in an accident and killing another person, that could justify a criminal filing.
But we need to look at the facts and circumstances surrounding what happened, whose fault the accident was, why the accident occurred, and what role, if any, the person's conduct played in the accident itself.
When we talk about getting the best result, many clients who come to me with these vehicular manslaughter cases don't have any criminal record. So, if your driving record is clean, you are in an excellent position to work out a reasonable resolution.
Review of Criminal Record
First, we have to find out what happened. Second, we've got to look at your history and see whether you've lived a good life and have had few criminal convictions.
Look at your driver's record and see how dangerous you are to the public. That's one of the biggest things that judges and prosecutors consider when deciding how to deal with a vehicular manslaughter prosecutor.
Of course, with 30 years of experience, having worked for the district attorney's office and as a criminal defense attorney since the early 1990s, I have a pretty good perspective on when somebody deserves to go to prison.
Also, when somebody deserves to get probation and stay out of custody, that's one of the things we're going to talk about because I know nobody wants to go to jail. So, we have to look at what happened, why it happened, and what we can do to mitigate it.
Meeting to Determine Defense Strategy
Sometimes, we might even have a defense for the crime. That's another thing we're going to talk about in the first meeting:
- What happened,
- Why it happened, and
- Whether or not we could defend it and have you found not guilty in a jury trial.
If we can, we will set things up. We might even get an expert. That often happens in vehicular manslaughter cases to prove that the prosecutor's criminal theory of what happened is not valid.
If, on the other hand, they're going to be able to prove that you caused the death and it is a legitimate vehicular manslaughter case, then we're going to figure out how we can mitigate it. See if we can keep you out of jail and take every precaution to get you out of the criminal justice system as fast as possible.
If you have been accused of causing death due to negligence or a violation of traffic safety laws, hiring a Los Angeles criminal defense lawyer would be in your best interest. In some cases, a vehicular manslaughter charge can be upgraded to a murder charge.
Our firm strongly believes that you are innocent until proven guilty. We will try to maintain your freedom and protect your individual rights. We can use an accident reconstruction expert in your defense.
In some instances, an attorney at our firm may even be able to have your charges lowered or dismissed entirely. The Hedding Law Firm is based in Los Angeles, CA.
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