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:
- While driving a vehicle, you committed a misdemeanor, infraction or otherwise lawful act in an unlawful manner
- The misdemeanor, infraction or otherwise lawful act was dangerous to human life under the circumstances of its commission
- You committed the misdemeanor, infraction or otherwise lawful act with ordinary negligence; AND
- 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.