Vehicular Manslaughter FAQ’s – California Penal Code Section 192

1.    Is it possible to reduce the charges of vehicular manslaughter to a lesser crime?

Yes. If the prosecution is unable to prove all the elements of the crime, the charge may be reduced to a lesser charge or dismissed. Therefore it is imperative that you hire an experienced criminal defense attorney to help you with your case.

2.    How will the prosecution decide whether to charge this crime as a felony or a misdemeanor?

The prosecution will normally review all of the factors of the accident in detail before making this critical decision. If the facts are such that they indicate that the accused was driving erratically and not paying attention to the road it is much more likely the case will be filed as a felony. In addition, the prosecution will examine the prior criminal and driving record of the accused. If the accused has a clean driving and criminal record this may lead the prosecution to file misdemeanor charges or possibly not file charges at all. This is why it is critical you retain an experienced criminal defense law firm as soon as you believe you are under investigation so your law firm can bring facts to the attention of the prosecution prior to the filing decision being made.

3.    What if I am driving and ran a stop sign and accidentally hit and killed an elderly woman, can I be charged with vehicular manslaughter?

Yes. For the prosecution to convict a defendant of vehicular manslaughter they must show that while driving the defendant committed a misdemeanor or infraction or an otherwise lawful act with ordinary negligence that caused the death of another person. By running a stop sign the defendant committed an infraction and caused the death of the elderly woman, which can be sufficient for a conviction of vehicular manslaughter.

4.    What if I am driving and my attention is drawn to an animal on the side of the road and I hit and kill a pedestrian with my car, can I be charged with vehicular manslaughter?

Yes. To be convicted of vehicular manslaughter the prosecution will attempt to show that the defendant committed a lawful act with ordinary negligence which caused the death of another person while operating a vehicle or vessel.  Under these facts the criminal defense attorney for the accused would argue that no “ordinary negligence” occurred and that the driver was attempting to save the life of the animal.