September 29, 2023 By WK MKT

Everything You Need To Know About Vehicular Manslaughter


In California, “vehicular manslaughter” is a crime which is charged when someone causes the death of another person with a motor vehicle or vessel. It is also known as vehicular homicide. A conviction of this charge can result in harsh penalties, depending on the severity of the incident and whether it was done on purpose or by accident. Additionally, there are different types of vehicular manslaughter charges, with each carrying different penalties.

Choosing Wallin & Klarich to represent your case puts you in a better position to receive the best outcome for your case. We have over 40 years of experience in Southern California. Call us today at (877) 4-NO-JAIL  for your free appeal consultation!

Types of Vehicular Manslaughter Charges

In California, a vehicular manslaughter charge can be one of three types. It is important to note that a defendant may face more serious charges if the incident was done with gross negligence, meaning they acted with disregard for the safety of others. Below are the types of vehicular manslaughter charges:

  • Gross Vehicular Manslaughter While Intoxicated (Penal Code 191.5(a)) – Driving a vehicle under the influence of drugs or alcohol and causing the death of another person, either accidentally or intentionally. 
  • Vehicular Manslaughter with Gross Negligence – Causing the death of another person while driving in an illegal or reckless manner. 
  • Misdemeanor Vehicular Manslaughter (Penal Code 192(c)(2)) – Driving in an illegal or careless manner and causing the death of another person. 

If you or a loved one is facing any type of vehicular manslaughter charge, it is important to speak with an experienced defense attorney today. Our attorneys at Wallin & Klarich have over four decades of experience representing cases like yours. Call our office today for a free consultation!

Vehicular Manslaughter – Penalties

Penalties for any type of vehicular manslaughter charge can vary and will depend on the specific facts of your case. However, below is a common range of penalties for each type:

Gross vehicular manslaughter while intoxicated: this charge is always a felony and penalties can include 4-10 years in prison, up to $10,000 fine, and probation. 

Vehicular manslaughter with gross negligence: as a felony, you could face 2-6 years in prison.

Misdemeanor vehicular manslaughter: you could face up to a year in county jail. 

Vehicular Manslaughter – Defenses

When facing a serious crime like vehicular manslaughter, it is crucial to have the representation of an experienced attorney specializing in vehicular manslaughter cases. These attorneys will employ effective defense strategies to fight for you. There are several defenses available that could potentially result in the dismissal or reduction of your charges. Here are some successful defenses that the homicide lawyers at Wallin & Klarich can present on your behalf:

Absence of Negligence: To convict you of vehicular manslaughter, the prosecution must demonstrate that you acted with ordinary negligence. Ordinary negligence refers to the failure to exercise reasonable care that puts others at an unreasonable risk of harm. Your attorney can argue that your actions were reasonable given the circumstances, thus negating negligence.

Lack of Causation: In order to secure a conviction for vehicular manslaughter, it must be proven that your actions were a substantial factor in causing the death of another person. Your defense attorney can challenge the prosecution’s ability to establish this causal link, especially if there are other variables involved that could have contributed to the victim’s death.

Dispute of Driver Identity: To be found guilty of vehicular manslaughter, you must have been the driver of the vehicle at the time of the incident. If there is a genuine dispute regarding who was driving the vehicle, your attorney can argue against the prosecution’s claim by highlighting inconsistencies in witness statements or utilizing other evidence to cast doubt on their case. It is important to consult with an attorney before providing any information to the police, as statements made to law enforcement can be used against you in court. Your defense attorney may also raise the defense that you were not the person driving the vehicle at the time of the accident, even if circumstantial evidence suggests otherwise.

By employing these and other relevant defenses, your attorney will work diligently to protect your rights and strive for the best possible outcome in your vehicular manslaughter case. However, it is important to hire an experienced defense attorney who knows which defenses to raise and which arguments to raise on your behalf. Our attorneys at Wallin & Klarich have 40+ years of experience representing cases like yours and know the best defenses for your case. Our attorneys at Wallin & Klarich have the experience you need for your case. Plus, we offer exceptional service, experience, and affordable payment options to help you manage the cost of hiring a defense attorney. 

Contact Wallin & Klarich Today 

If you have been accused of vehicular manslaughter, you need an aggressive defense attorney to fight for your freedom. With 40+ years of experience, our attorneys at Wallin & Klarich have helped thousands of clients win their cases or get their charges reduced to a lesser degree. We know the most effective defenses to argue on your behalf, and we will do everything in our power to help you achieve the best possible result in your case. 

You may not be aware of all your options. Calling our office costs you nothing, but picking up the phone could be the difference between years in prison and years of freedom. Let our skilled attorneys examine your case to find the best way to avoid prison.Discover how our team can assist you. Contact us today, toll-free at (877) 4-NO-JAIL or (877) 466-5245 for a free consultation with a skilled defense attorney.

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