Vehicular Manslaughter

Are you facing Vehicularr Manslaughter charges in Los Angeles?

Pursuant to California Penal Code Section 192(c), Vehicular Manslaughter occurs when you are driving a vehicle with ordinary, or gross negligence and someone is killed as a consequence of your driving. Vehicular Manslaughter may be charged as a misdemeanor or a felony depending on whether you acted with ordinary or gross negligence.

The statute states specifically that;

“(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 prosecution of a defendant for the crime of murder. 

Vehicular manslaughter charges are very serious, and an arrest alone can have devastating consequences. If you are facing charges for vehicular manslaughter in Los Angeles, or the surrounding counties, contact experienced Los Angeles criminal defense attorney Miles Booth at 424 272 1134.

How does the prosecution prove that I am guilty of Vehicular Manslaughter?

There are two types of vehicular manslaughter, (1) gross vehicular manslaughter, and (2) vehicular manslaughter with ordinary negligence, also known as misdemeanor vehicular manslaughter. Each require the prosecutor to prove different elements, as described below;

To be found guilty of gross vehicular manslaughter under Penal Code Section 192(c)(1) the prosecutor must prove beyond a reasonable doubt that you;

  • Drove a vehicle;
  • While driving you committed a misdemeanor, infraction, or lawful act that may cause death
  • With gross negligence; and
  • Your gross negligence caused the death of another person.

  • To be found guilty of vehicular manslaughter with ordinary negligence under Penal Code Section 192(c)(2) the prosecutor must prove beyond a reasonable doubt that you;

    • Committed a misdemeanor, or infraction, or a lawful act in an unlawful manner, while driving;
    • It was committed in a way that was dangerous to human life;
    • It was committed with ordinary negligence; and
    • It caused the death of another person.

    • The difference between gross vehicular manslaughter and misdemeanor manslaughter is the degree of negligence required.

      Ordinary Negligence

      Ordinary negligence is defined as failing to use reasonable care to prevent reasonably foreseeable harm to yourself or someone else. Someone is considered negligent if they fail to act in a way that a reasonably careful person would in the same circumstance. This means that in an emergency you are required to act as a reasonable person would act in that same situation.

      Gross Negligence

      Gross negligence is more than ordinary carelessness, and occurs when you act with such recklessness that it creates a high risk of death or bodily injury. Additionally, a reasonable person would have known that those actions would create such a risk.

      Los Angeles Criminal Defense Lawyer Miles Booth

      Los Angeles Criminal Defense Lawyer

      How can I defend myself against Vehicular Manslaughter Charges?

      The most common defenses to vehicular manslaughter charges are that;

      • You did not act with negligence, or gross negligence
      • Your negligence was not he cause of the other parties death
      • You were acting reasonably under the stress of an emergency

      • Just because you have been accused of, or charged with vehicular manslaughter does not mean that you will be convicted. Call Los Angeles criminal defense attorney Miles Booth to discuss how to best defend your case.

        What are the Penalties for Vehicular Manslaughter?

        The penalties for vehicular manslaughter depend on whether you are charged with gross vehicular manslaughter, or vehicular manslaughter with ordinary negligence, also known as misdemeanor vehicular manslaughter.

        Vehicular Manslaughter

        Vehicular anslaughter with ordinary negligence, charged under Penal Code Section Penal Code Section 192(c)(2), is always a misdemeanor and is punishable by;

        • probation,
        • up to 6 months in county jail, and/or
        • a maximum fine of $1,000

        • Gross Vehicular Manslaughter

          Gross vehicular manslaughter, charged under Penal Code Section 192(c)(1), is a “wobbler” offense meaning that the prosecution has the discretion to charge it as a misdemeanor or a felony. The decision to charge it as a felony will depend on your criminal history and the specific facts of the case.

          When charged as a misdemeanor Gross Vehicular Manslaughter is punishable by;

          • probation,
          • up to 6 months in county jail, and/or
          • a maximum fine of $1,000

          • When charged as a felony Gross Vehicular Manslaughter is punishable by;

            • felony probation,
            • 16 months, 2 years, or 3 years in state prison, and/or
            • a maximum fine of $10,000
            • A skilled criminal defense attorney may be able to get your felony charges reduced to a misdemeanor, or get you a probationary sentence and keep you out of prison.

              Contact Los Angeles Criminal Defense attorney miles booth

              Facing vehicular manslaughter charges can be overwhelming and frightening. Charges alone can have far-reaching consequences. Your housing, future job prospects, and most importantly, immediate freedom are in jeopardy.It is foolish to fight these cases alone. It is important to have a skilled Los Angeles criminal defense attorney by your side.

              As a former prosecutor, Miles Booth understands the complexities of these cases and the blueprints for beating, or substantially mitigating the charges. Miles Booth has successfully handled thousands of cases throughout Los Angeles and will aggressively defend your case to get you the best outcome possible.

              To learn more about your options going forward, contact Los Angeles criminal defense lawyer, Miles Booth, for a free consultation at 424 272 1134.

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