Vehicular Manslaughter Lawyer California PC 192(c) – Defenses
Defenses to a Vehicular Manslaughter Charge – PC 192(c)
When charged with a serious crime such as vehicular manslaughter, you need an experienced vehicular manslaughter 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:
Your Actions were not Negligent
In order to convict you of vehicular manslaughter, the prosecution must prove that you acted with ordinary negligence. Ordinary negligence is the failure to use reasonable care that exposes others to an unreasonable risk of harm. 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.
The determination of what is reasonable is left to the jury and will depend on the individual facts of your case. Your vehicular manslaughter attorney can argue that your actions under the circumstances were reasonable and therefore not negligent.
Your Actions were not 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 human being. A substantial factor is more than a trivial or remote factor; however it does not have to be the only factor that causes the victim’s death.
If the prosecution cannot prove this causal link between your actions and the death of another, the charges against you will likely be dismissed. Since there are several variables involved in an automobile accident, any one of which could be a substantial factor in causing the victim’s death, an experienced defense attorney can argue that your actions were not a substantial factor in the death of the alleged.
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. In some cases, there is a bonafide dispute as to who was driving the vehicle. This occurs in situations when most of the occupants are already out of the car at the time the police arrive on the scene. 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 attorney before you reveal any information to the police.
Even if you did not speak to the police or admit to driving the vehicle, the prosecution can use circumstantial evidence to prove that you were driving at the time of the accident. Such evidence can include proof that the vehicle was registered in your name or witness testimony indicating that you were known to drive the vehicle on prior occasions. However, just because the vehicle was registered in your name or the fact that you were seen driving the vehicle on a previous occasion does not mean that you were the driver. If there is any reasonable doubt as to whether you were the driver of the vehicle, you cannot be convicted of vehicular manslaughter.
Speak to a Vehicular Manslaughter Attorney at Wallin & Klarich Today
If you are looking for a California vehicular homicide defense lawyer to represent you, Wallin & Klarich can help.
With over 40 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 homicide defense attorneys will conduct a thorough investigation of the facts and passionately argue that your case should be dismissed.
Let us show you how we protect our own. Call us today at (877) 4-NO-JAIL or fill out our confidential form. We will be there when you call.
