Vehicular Manslaughter Sentence, Punishment & Penalties – California Penal Code 193
According to the California Penal Code section 193, the sentencing and punishment for vehicular manslaughter depends on whether the offense is charged as a misdemeanor or felony. Vehicular manslaughter is considered a “wobbler” in California, which means it can be charged as either a felony or misdemeanor offense depending upon the facts of your individual case and your prior criminal history.
Punishment for misdemeanor vehicular manslaughter
A misdemeanor vehicular manslaughter conviction is punishable by up to a year in county jail.
Punishment for felony vehicular manslaughter
A felony vehicular manslaughter conviction is punishable by 2, 4 or 6 years in state prison.
Accident caused for financial gain
If the vehicular collision was knowingly caused for financial gain and proximately resulted in the death of another person, you face a sentence of 4, 6 or 10 years in state prison.
Fleeing the scene
If you flee the scene of the crime after committing a violation of California Penal Code section 192 (vehicular manslaughter), you face an addition term of imprisonment of 5 years in state prison.
Suspension of your driver’s license
Under California Vehicle Code Section 13361(c), the DMV may suspend your driver’s license if you are convicted of vehicular manslaughter. A typical suspension lasts for a year; however its duration can vary depending on the individual facts of your case and your previous criminal history.
Court options at the time of sentencing
If you are convicted of vehicular manslaughter, the court has discretion in determining your punishment depending on the circumstances of your case. The court has the following options at time of sentencing:
- The court can sentence you to one of several terms provided by law
- Misdemeanor vehicular manslaughter: up to one year in county jail
- Felony vehicular manslaughter: 2, 4 or 6 years in state prison
- Vehicular manslaughter for financial gain: 4, 6 or 10 years in state prison
- Fleeing the scene: additional 5 year prison term
- Place you on probation and impose a sentence of up to one year in county jail
- Place you on probation with no jail time, but order you to do community service or a work release program
- Place you on formal probation and assign you a probation officer
When you are placed on probation the court will impose specific terms of probation that apply to the crime for which you were convicted. These terms of probation will include:
- Violate no law (other than a traffic infraction)
- Visit your probation officer as often as required by your probation terms
- Perform community service
- Pay restitution to the family of the victim
These are only a few of the probation terms that a court can impose. If you are found to be in violation of any of these terms, the court can sentence you to the maximum time in jail allowed by law.
Finding an experienced vehicular manslaughter defense attorney at Wallin & Klarich
The sentencing and punishment for vehicular manslaughter can be severe and potentially life changing. If you or someone you know has been accused of this offense, you need to contact an experienced criminal defense lawyer who will carefully review the facts and the law to give you the best representation possible. With offices in Orange County, Los Angeles, San Diego, San Bernardino, Riverside, Ventura, Victorville and West Covina, Wallin & Klarich has over 30 years of experience in defending our clients against vehicular manslaughter charges. We will carefully review the evidence against you and help you win your case.
Let us show you how we protect our own. Call us today at 1-888-749-0034 or fill out our confidential form. We will be there when you call.