Vehicular Manslaughter

A gross vehicular manslaughter while intoxicated in Riverside charge is commonly raised when you are involved in a car crash where the driver or passenger of the car you hit dies, as a result of the collision. However, note that this charge may also be raised against you if a passenger in your vehicle dies as a result of your “grossly negligent” conduct.

Punishment for Gross Vehicular Manslaughter While Intoxicated in Riverside

Since the death of a person is involved, the punishment for a gross vehicular manslaughter while intoxicated in Riverside charge can be severe. This offense is always charged as a felony and is punishable by 4, 6 or 10 years in state prison. You also face an additional sentence of 3 to 6 years in state prison if any of the surviving victims sustained great bodily injury. If you have any prior DUI related convictions and a death results from your “grossly negligent conduct”, you can be charged with second degree murder.

Prosecution of Gross Vehicular Manslaughter While Intoxicated

The prosecutor must show that your conduct was “grossly negligent” in order to convict you of gross vehicular manslaughter while intoxicated. Gross negligence is conduct more severe than carelessness. Rather it is reckless conduct that creates a substantial risk of death or great bodily injury and is a far deviation from how a reasonable person would have acted in your situation. It is because of this standard of reckless conduct that the punishment for this particular charge is up to ten years in prison.

Riverside Gross Vehicular Manslaughter Attorney

Wallin & Klarich can raise a number of viable defenses on your behalf. For example, after looking closely at the case, they can often argue that you were not intoxicated. Also, they may be able to argue that your conduct fails to rise to the level of gross negligence. Wallin & Klarich could mount a viable defense that could lessen the potential harsh punishment you face, or completely eliminate the vehicular manslaughter while intoxicated charge you are facing.

If you are accused of gross vehicular manslaughter while intoxicated in Riverside, it is vital you contact an experienced Riverside gross vehicular manslaughter attorney who is familiar with such cases. With offices in Orange County, Los Angeles, San Diego, Riverside, San Bernardino, Sherman Oaks, Torrance, West Covina, Ventura and Victorville, Wallin & Klarich has successfully represented clients facing vehicular manslaughter while intoxicated charges for over 30 years. We have the knowledge and the know-how to win your case. Call us today at 877-4-NO-JAIL or 877-466-5245. We will be there when you call.

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California Penal Code section 192(c) defines vehicular manslaughter as driving a vehicle with ordinary negligence that results in the unlawful killing of a human being. The sentencing and punishment for vehicular manslaughter in Orange County can be severe.

When charged with a serious crime such as vehicular manslaughter in Orange County, you need an experienced criminal defense attorney that will fight for you using an effective defense strategy. There are several defenses available that could result in a dismissal or reduction of your charge. Here are some successful defenses that your homicide lawyers at Wallin & Klarich can raise on your behalf:

Defenses to Vehicular Manslaughter in Orange County

Your actions were reasonable

In order to convict you of vehicular manslaughter, the prosecution must prove that you acted with ordinary negligence. This means that you committed an act that a reasonable person would not have done, or in the alternative, that you failed to do something that a reasonable person would have done in the same circumstances.

After going over the facts of your case, your Orange County Wallin & Klarich defense attorney can argue that your actions under the circumstances were reasonable and therefore not negligent.

Your actions were not a substantial factor in the cause of death

In order to convict you of vehicular manslaughter, your actions must have been a substantial factor in causing the death of another person. A number of factors are involved in an automobile accident, any one of which could be a substantial factor in causing the victim’s death. Thus, if the causal link between your actions and the death of another is weak, this defense can be successful.

Your experienced Orange County Wallin & Klarich defense attorney can argue that your actions were not a substantial factor in the death of the alleged victim.

You did not drive the vehicle

In order to be found guilty of this offense, you must have been driving the vehicle at the time the act causing the victim’s death occurred. If there is a dispute as to whether you were driving the vehicle, this defense applies. In order to prove that you were the driver, the prosecution will use any statements that you made to the police indicating that you were driving at the time of the accident. Since these statements can most likely be used against you in court and can be detrimental to your case, it is important to speak with an Orange County Wallin & Klarich attorney before you reveal any information to the police.

Even if the vehicle was registered in your name or you were seen driving the vehicle on a previous occasion, this does not mean that you were the driver. If there is any reasonable doubt as to whether you were the driver of the vehicle, this defense could be successful.

Orange County Vehicular Manslaughter Attorney

If you are looking for a Orange County vehicular homicide defense lawyer to represent you, Wallin & Klarich can help. With over 30 years of experience and offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Victorville and West Covina, our highly skilled and professional Orange County Vehicular Manslaughter Attorney will conduct a thorough investigation of the facts and passionately argue that your case should be dismissed.

Call us today at 877-4-NO-JAIL or 877-466-5245. We will be there when you call.

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California Penal Code section 192(c) defines vehicular manslaughter in Ventura as either driving a vehicle unlawfully, not amounting to a felony, and with gross negligence or driving a vehicle lawfully in a manner that might produce death, and with or without gross negligence.

To convict you of vehicular homicide, the prosecution must prove the following:

1. While driving a vehicle, you committed a misdemeanor, infraction or otherwise lawful act in an unlawful manner
2. The misdemeanor, infraction or otherwise lawful act was dangerous to human life under the circumstances of its commission
3. You committed the misdemeanor, infraction or otherwise lawful act with ordinary negligence; AND
4. The misdemeanor, infraction or otherwise lawful act caused the death of another person

A vehicular manslaughter conviction can completely change your life. It is crucial that you speak to an experienced criminal defense attorney in Ventura who is familiar with this type of vehicular manslaughter case. We can provide you with an overview of the elements that the prosecution needs to prove in order to convict you of vehicular manslaughter. The Ventura Vehicular Manslaughter lawyers from Wallin & Klarich have over 30 years of experience in this field. We are ready to help you now.

Below is a more detailed explanation of what the Ventura Vehicular Manslaughter lawyer from Wallin & Klarich can do for you.

Vehicular Manslaughter Defenses

When charged with a serious crime such as vehicular manslaughter in Ventura, you need an experienced criminal defense attorney that will fight for you using an effective defense strategy. There are several defenses available that could result in a dismissal or reduction of your vehicular manslaughter charge. Here are some successful defenses that your vehicular manslaughter lawyers at Wallin & Klarich can raise on your behalf:

• Your actions were not negligent
• Your actions were not the cause of death; OR
• You were not driving the vehicle

In addition to the defenses listed above, your Ventura vehicular manslaughter lawyer can attempt to have incriminating evidence excluded from trial if it is found that the police failed to comply with procedural requirements. Be sure to contact a Ventura vehicular manslaughter defense attorney from Wallin & Klarich to learn more.

Reduced Sentencing of Vehicular Manslaughter in Ventura

Although the sentencing and punishment for vehicular manslaughter in Ventura can be severe, by using the defenses discussed above, the experienced Ventura Vehicular Manslaughter Defense Attorneys at Wallin & Klarich can fight for a substantially reduced sentence. In lieu of a lengthy jail sentence, the court may:

• Place you on probation and impose a sentence of up to one year in county jail
• Place you on probation with no jail time, but order you to do community service or a work release program; OR
• Place you on formal probation and assign you a probation officer

Depending on the facts of your particular case, our Ventura Wallin & Klarich attorneys may even be able to attack the elements of the prosecutor’s case and possibly get your charges dismissed entirely.

Ventura Vehicular Manslaughter Lawyer

With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Victorville and West Covina, Wallin & Klarich has over 30 years of experience in successfully representing Southern California residents who have been charged with vehicular manslaughter. Drawing from extensive years of experience, we are available to answer any questions you have and are willing to aggressively fight to help you win your case. Call us today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

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If you have been charged with vehicular manslaughter in San Bernardino after being involved in a fatal car accident, it is important that you contact a team of defense attorneys experienced in vehicular manslaughter cases. Our attorneys at Wallin & Klarich have over 30 years of experience in vehicular manslaughter defense. We are ready to answer any questions you have about a vehicular manslaughter charge.

California Penal Code section 192(c) defines vehicular manslaughter as driving a vehicle unlawfully, not amounting to a felony, and with gross negligence or driving a vehicle lawfully in a manner that might produce death, and with or without gross negligence.

Vehicular Manslaughter Punishment

The sentencing and punishment for vehicular manslaughter in San Bernardino can be severe. A vehicular manslaughter conviction can lead to a lengthy jail sentence. Below is a more detailed explanation of the levels of punishment for various categories of vehicular manslaughter.

Under California Penal Code section 193, the sentencing and punishment for vehicular manslaughter depends on whether the offense is charged as a misdemeanor or felony. Vehicular manslaughter is considered a “wobbler” in California. That is to say, your act of vehicular manslaughter can be charged as either a felony or misdemeanor offense depending upon the facts of your case and your prior criminal history.

• Misdemeanor vehicular manslaughter is punishable by up to a year in county jail
• Felony vehicular manslaughter is punishable by up to 6 years in state prison
• An accident caused for financial gain that resulted in the death of another person is punishable by a sentence of up to 10 years in state prison
• Fleeing the scene after committing an act of vehicular manslaughter can result in an additional term of imprisonment of 5 years in state prison

Reduced Sentencing

Fortunately, depending on the circumstances of your case, an experienced criminal defense law firm like Wallin & Klarich may be able to secure a substantially reduced sentence for you. In lieu of a lengthy jail sentence, the court may:

• Place you on probation and impose a sentence of up to one year in county jail
• Place you on probation with no jail time, but order you to do community service or a work release program; or
• Place you on formal probation and assign you a probation officer

San Bernardino Vehicular Manslaughter Defense Attorney

The sentencing and punishment for vehicular manslaughter in San Bernardino can be devastating. If you or someone you know has been accused of this offense, you need to contact an experienced San Bernardino vehicular manslaughter defense attorney who will carefully review the facts and the law to give you the best representation possible. With offices in Orange, Los Angeles, San Diego, San Bernardino, Riverside, and Ventura counties, Wallin & Klarich has over 30 years of experience in defending our clients against vehicular manslaughter charges. We will carefully review the evidence against you and help protect your legal rights.

If you are facing prosecution for vehicular manslaughter in San Bernardino, call our highly skilled San Bernardino Vehicular Manslaughter defense attorneys today at (877) 4-NO-JAIL or (877) 466-5245. We will get through this together.

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Penal Code section 192(c) defines vehicular manslaughter as a form of involuntary manslaughter that is an unintentional killing, which takes place while a person is driving a vehicle with ordinary negligence that results in the unlawful killing of a human being.

If you are facing a vehicular manslaughter charge in Los Angeles after being involved in a fatal car accident, it is important that you hire a team of defense attorneys experienced in vehicular manslaughter cases. Our attorneys at Wallin & Klarich have over 30 years of experience in successfully defending vehicular homicide charges. We are ready to answer any questions you have about your vehicular manslaughter charge in Los Angeles.

Vehicular Manslaughter Prosecution in Los Angeles

In order to convict you of vehicular homicide, the prosecution must prove the following:

1. While driving a vehicle, you committed a misdemeanor, infraction or otherwise lawful act in an unlawful manner
2. The misdemeanor, infraction or otherwise lawful act was dangerous to human life under the circumstances of its commission
3. You committed the misdemeanor, infraction or otherwise lawful act with ordinary negligence; AND
4. The misdemeanor, infraction or otherwise lawful act caused the death of another person

Cases of vehicular manslaughter usually involve vehicular collisions in which the driver or passenger of the car you hit dies from injuries related to the crash. However, you can also be convicted of this offense if the passenger in your own vehicle dies as a result of your negligent conduct.

Vehicular Manslaughter Punishment

Under California Penal Code section 193, the sentencing and punishment for vehicular manslaughter depends on whether the offense is charged as a misdemeanor or felony. Vehicular manslaughter is considered a “wobbler” in California. That is to say, your act of vehicular manslaughter can be charged as either a felony or misdemeanor offense depending upon the facts of your individual case and your prior criminal history.

• Misdemeanor vehicular manslaughter is punishable by up to a year in county jail
• Felony vehicular manslaughter is punishable by up to 6 years in state prison
• An accident caused for financial gain that resulted in the death of another person is punishable by a sentence of up to 10 years in state prison
•  Fleeing the scene after committing an act of vehicular manslaughter can result in an additional term of imprisonment of 5 years in state prison

Vehicular Manslaughter Defenses

Depending on the specific facts that lead to your vehicular manslaughter charge, your Los Angeles  vehicular manslaughter defense lawyer may use any of the following defenses:

• Your actions were not negligent
• Your actions were not the cause of death; and
• You did not drive the vehicle

In addition to the defenses listed above, your Los Angeles Wallin & Klarich lawyer may have incriminating evidence excluded from trial if it is found that the police failed to comply with procedural requirements. Be sure to contact a Los Angeles vehicular manslaughter defense attorney at Wallin & Klarich to learn more.

Los Angeles Vehicular Manslaughter Attorney

If you are looking for a vehicular manslaughter defense attorney in Los Angeles to represent you, Wallin & Klarich can help. With over 30 years of experience and offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, and Ventura, our highly skilled Los Angeles vehicular manslaughter attorneys will conduct a thorough investigation of the facts and passionately argue that your case should be dismissed.

Call us today at (877) 4-NO-JAIL or (877) 466-5245 or fill out our confidential form online. We will get through this together.

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California Penal Code 191.5(b) defines vehicular manslaughter while intoxicated – also known as DUI manslaughter – as the unlawful killing of a human being without malice aforethought. To convict you of this crime, the prosecution must prove that:

• You were driving under the influence of alcohol or drugs
• You committed an unlawful act or an otherwise lawful act that might cause death
• You acted with ordinary negligence; AND
• Your negligent conduct caused the death of another

If you have been charged with vehicular manslaughter while intoxicated in Riverside after being involved in a fatal car accident, it is important to understand the implications of this crime. Our attorneys at Wallin & Klarich have over 30 years of experience in successfully defending our clients facing vehicular manslaughter charges. We are happy to answer any questions you have about a DUI manslaughter charge.

Vehicular Manslaughter While Intoxicated Punishment

Under California PC 191.5, the sentencing and punishment for DUI manslaughter depends on whether the offense is charged as a misdemeanor or felony. Below is a more detailed explanation of the levels of punishment for various categories of vehicular manslaughter while intoxicated.

• Misdemeanor vehicular manslaughter while intoxicated is punishable by up to a year in county jail and can include a fine of up to $1,000
• Felony vehicular manslaughter while intoxicated is punishable by 16 months, 2 or 4 years in county jail and can include a fine of up to $10,000
• Suspension of your driver’s license by the DMV. If you are convicted of this crime you will be facing the loss of your driving privilege for a minimum of one year. The duration of the suspension can be longer depending upon the facts of your case and your prior criminal history.

Defenses to Vehicular Manslaughter While Intoxicated

Fortunately, your experienced Riverside DUI manslaughter lawyer from Wallin & Klarich can raise a number of defenses on your behalf. Your attorney can argue that:

• You were not under the influence of drugs or alcohol
• Your actions were not negligent; OR
• That your actions were not the cause of the death.

In addition to the defenses listed above, your Riverside Wallin & Klarich lawyer can attempt to have incriminating evidence excluded from trial if it is found that the police failed to comply with procedural requirements. Each of these defenses can be raised depending upon the facts of your individual case. Be sure to contact a Riverside DUI manslaughter defense attorney at Wallin & Klarich to learn more.

Riverside Vehicular Manslaughter While Intoxicated Attorney

The sentencing and punishment for vehicular manslaughter while intoxicated in Riverside can completely change your life. If you or someone you know has been accused of this offense, you need to contact an experienced criminal defense lawyer who will carefully review the facts and the law to give you the best representation possible. Wallin & Klarich has over 30 years of experience in defending our clients against DUI manslaughter charges. We will carefully review the evidence against you and help you win your case.

If you are facing prosecution for vehicular manslaughter while intoxicated in Riverside, call our skilled Riverside vehicular manslaughter while intoxicated attorneys today at 877-4-NO-JAIL or 877-466-5245. With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside and Ventura a Wallin & Klarich defense attorney is available wherever you happen to live.

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California Penal Code Section 191.5 (b) defines vehicular manslaughter while intoxicated as the unlawful killing of a human being without malice aforethought in the driving of a vehicle. The elements include:

• you were driving under the influence of alcohol or drugs
• you committed an unlawful act or an otherwise lawful act that might cause death
• you acted with ordinary negligence and not gross negligence
• your negligent conduct caused the death of another

A conviction for the above offenses can result in significant jail or prison time, high fines, restitution, license suspension, DUI programs and may also result as a strike offense if you are convicted of a serious felony.

Certain Defenses can be raised depending on the circumstances and facts of your case by your San Bernardino DUI manslaughter defense attorney at Wallin & Klarich. Three such defenses would be to show:

• a lack of negligence on your part
• your actions were not the legal cause of the death or
• there were no drugs or alcohol in your system at the time of the accident

The San Bernardino criminal defense lawyers of Wallin & Klarich are highly skilled, AV and AVVO rated and their vast experience can make the difference in your case.

There are many factors that determine the outcome of a DUI manslaughter in San Bernardino and having a highly skilled San Bernardino DUI manslaughter attorney is vital in making sure you get the best possible result in your case. The attorneys at Wallin & Klarich have been helping those charged with DUI manslaughter for over 30 years. You can call us at 888-280-6839 or visit our website www.wklaw.com. We will be there when you call.

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If you kill somebody while driving under the influence in Riverside County, you will very likely be charged with 2nd degree murder (PC 187).  The District Attorney could also choose to charge you with DUI manslaughter with gross negligence.  The District Attorney’s office considers a number of factors in determining whether to charge murder or manslaughter charges in DUI cases that result in death including whether the defendant has any prior DUI convictions.

DUI Murder Charges (PC 187)

If charged with murder in connection with your DUI case, you will be facing a potential sentence of 15 years to life in state prison.  You would be charged with 2nd degree murder in what is commonly known as “Watson Murder”.

DUI Manslaughter with Gross Negligence (PC 191.5a)

A conviction of gross DUI manslaughter carries a potential prison sentence of up to 10 years.  However, if you have any prior convictions for gross vehicular manslaughter, DUI causing injury, or other specific DUI offenses you could be facing a potential sentence of 15 years to life.

The stakes could not be any higher when you are facing charges of killing someone in connection with a DUI.  The law offices of Wallin & Klarich have successfully defended clients facing DUI manslaughter charges in Riverside County for over 30 years.  There is no substitute for experience and the aggressive Wallin & Klarich attorneys will work tirelessly to help you fight your case.  Call us now at 888-749-0034 for a consultation.  We will get through this together.

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A woman from Ventura County was involved in a drunk-driving car accident in which she killed her own daughter. Now she faces many years in prison.

Judith Ramirez, a 39 year-old woman from Oxnard, was sentenced to 27 years in prison by Ventura County Judge Bruce Young on Tuesday, October 30, 2012. Ramirez was involved in a drunken-driving incident on May 29, 2010 which killed her 17 year-old daughter, Victoria Castro-Ramirez. Ramirez’s four year-old son, Jose, was also in the car and suffered a broken arm while family friend Abby Diaz, 21 years-old, was also a passenger in the car and suffered facial cuts.

Ramirez was convicted in August 2012 by jury of vehicular manslaughter while intoxicated, child endangerment, inflicting great bodily harm, drunken driving, driving with a suspended driver’s license, and having a blood-alcohol level the exceeded the legal limit.

At Ramirez’s sentencing, she held her head low and fixed her eyes on the defense table. Ramirez was not alone at the court room as her family and friends were there to support her.

But regardless of the support in the court room, Judge Young handed out a harsh punishment of 27 years in prison. In presenting Ramirez’s sentence, Judge Young stated “it was unfortunate that those who cared for her didn’t address her problems with alcohol.”

One factor that Judge Young took into consideration when sentencing Ramirez was the fact that Ramirez had prior DUI convictions. Ramirez was convicted of drunken driving in 2004 and in 2007. In addition, Ramirez lied to her probation officer by claiming to have no alcohol problem. These factors led to the harsh 27 year prison sentence.

If you are currently facing a DUI charge and are in need of an experienced criminal defense attorney, then the law firm of Wallin & Klarich is what you need! With experienced criminal defense attorneys located throughout the Los Angeles, Orange, Riverside, San Bernardino, San Diego, and Ventura counties, a Wallin & Klarich attorney is always available and will be there when you need them. To speak with a Wallin & Klarich attorney to review your case, please call 888-764-2615 or visit www.wklaw.com for more information.

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1. Vehicular Manslaughter while intoxicated is codified under California Penal Code Section 191.5 (b). This offense can be charged as either a misdemeanor or a felony.

If someone is killed in an accident you caused and you are suspected of being under the influence at the time, vehicular manslaughter while intoxicated will be charged by the prosecution.

To be convicted, you must have been driving under the influence of alcohol and/or drugs, that you committed an act that was negligent and unlawful or lawful but negligent/dangerous act while under the influence of alcohol and/or drugs, and that the negligence caused by you was the cause of another’s death.

2. Gross vehicular manslaughter while intoxicated is codified under California Penal Code Section 191.5 (a). This will always be charged as a felony offense by the prosecution.

In this criminal code section, the prosecution must prove that you acted with “gross negligence”.

“Gross” criminal negligence is a wanton and reckless disregard for what happened when you caused an accident and someone was killed as a result of it, and it is more than just ordinary negligence. Some examples of “gross criminal negligence” include speeding, weaving in and out of lanes, crossing double yellow street lines and passing other cars recklessly.

If you or a loved one is facing this charge, contact the criminal defense attorneys at Wallin and Klarich. We at Wallin and Klarich have many years of experience successfully defending people charged with these types of crimes. We will work to aggressively defend you by investigating all aspects of your case. We will work to ensure that your rights are protected and that you clearly understand the legal process. The attorneys at Wallin & Klarich can be reached by phone at 888-764-2615 or through our website at www.wklaw.com. We will be there when you call.

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