Understanding Vehicular Manslaughter
What is Vehicular Manslaughter? California Penal Code Section 192(c) defines vehicular manslaughter as the death of another human due to someone negligently operating a vehicle. Vehicular manslaughter is committed without malice and is notably linked to driving a vehicle in an unlawful manner. The death can be of someone in the same car as the accused driver, a car in an accident, on a bike, or along the street. But it always is the result of negligence behind the wheel.
Vehicular manslaughter can stem from any inattention, such as taking one’s eyes off the road, talking on the phone, being sleepy, or violating a statute such as a no-passing zone or stop sign. Vehicular manslaughter isn’t necessarily a felony unless it is gross vehicular manslaughter, which involves a “grossly negligent” manner, usually involving drug or alcohol intoxication.
What Are Some Possible Penalties if Found Guilty of Gross Negligence?
Vehicular manslaughter with a misdemeanor conviction could result in:
- A county jail sentence up to 1 year
- A fine of up to $1,000
- Misdemeanor (summary) probation
Vehicular manslaughter with a felony conviction could result in:
- A state jail sentence of 2, 4, or 6 years
- A fine of up to $10,000
- Felony (formal) probation
What are Some Vehicular Manslaughter Defenses?
When I start your case, I will look at all the different possible causes, including:
- Accidental killing with no negligence
- False accusation or not the cause of victim’s death
- Self-defense or reasonable evasive action
- Reasonable operation under unusual circumstances
- Incapable of intending to kill (for example, in the case of insanity or intoxication - learn more about our services as a DUI attorney)
In addition, your vehicular manslaughter case may include other elements such as your criminal history or various circumstances of the offense. My job as your manslaughter attorney is to be prepared for anything that might affect your case.
Vehicular Manslaughter Attorney
Seeing the maximum fines and sentences can be shocking. Therefore you need an aggressive vehicular manslaughter lawyer protecting your rights and fighting for your fair trial and representation. The McCready Law Group represents clients throughout Orange County, including Irvine and Huntington Beach and nearby Long Beach and Lakewood, CA. I have extensive experience navigating the criminal justice system from 8 years on the Los Angeles Police force that I will put to work for you.
Contact the McCready Law Group to get started as your criminal defense attorney to protect your freedom and future.