35+ Years Criminal Defense Experience in California


Vehicular Homicide California Penal Code 192(c) PC – Prosecution

Were You Involved in a Fatal Car Accident in California?

If you have been charged with vehicular homicide or manslaughter in California after being involved in a fatal car accident, it is important to understand what this crime entails. Our attorneys at Wallin & Klarich want to share with you what the prosecution needs to prove in order to convict you of this offense.

Vehicular Homicide Under the California Penal Code

Texting and driving vehicular homicide
If you are texting and driving and are involved in an auto accident, you could be charged for vehicular homicide.

Under California Penal Code 192 (c)(2), vehicular manslaughter is defined as driving a vehicle with ordinary negligence that results in the unlawful killing of a human being. In order to convict you of this offense, the prosecution must prove the following:

  1. While driving a vehicle, you committed a misdemeanor, infraction or otherwise lawful act in an unlawful manner  AND
  2. The misdemeanor, infraction or otherwise lawful act was dangerous to human life under the circumstances of its commission  AND
  3. You committed the misdemeanor, infraction or otherwise lawful act with ordinary negligence  AND
  4. The misdemeanor, infraction or otherwise lawful act caused the death of another person

Misdemeanor, Infraction or Otherwise Lawful Act

In order to convict you of vehicular homicide under California Penal Code 192(c)(2), the prosecution must prove that you committed a misdemeanor, infraction or otherwise lawful act. The misdemeanor or infraction required for this crime can constitute any number of offenses listed in the California Penal Code and Vehicle Code, such as speeding or talking on your cell phone without the use of a hands free device.

If the act itself is completely legal, you can still be convicted of voluntary homicide if the commission of the act was dangerous to human life under the circumstances.

Ordinary Negligence

Ordinary negligence is the failure to use reasonable care to prevent foreseeable harm to yourself or another. You act negligently if you do something that an ordinary reasonable person would not have done or if you fail to do something that an ordinary reasonable person would have done in the circumstances you faced. Whether your actions were reasonable is a determination made by the jury.

Causation of Fatal Car Accident

The prosecution will try to prove that caused the fatal car accident; therefore, causing the death of the victim. Call us today to receive our immediate assistance.
The prosecution will try to prove that your unlawful act caused the accident that lead to the other person’s death.

An act causes death if it is the direct, natural, and probable consequence of the act and the death would not have happened without the act. Although there may be more than one cause of death, if your act is a substantial factor in causing the death of another, this element is met and you could be convicted of vehicular manslaughter.

For example: You are driving to work and in order to avoid being late, you cross a double yellow line and enter into the carpool lane. When making this illegal lane change, you fail to notice a van driving in the same lane and you abruptly cut her off. In order to avoid colliding with your vehicle, the driver of the can slams on his or her brakes causing the vehicle to spin out of control and crash into the highway divider. The driver dies on impact. Although your vehicle never made direct contact with the can, your illegal act of entering the carpool lane was likely a substantial factor in causing the driver’s death.

Contact an Attorney at Wallin & Klarich if you have been Charged with Vehicular Homicide in California

If you or someone you know has been charged with vehicular homicide in California, you need to contact an experienced defense attorney who is dedicated to giving 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 successfully represented clients facing charges of vehicular manslaughter for over 30 years. Drawing from extensive experience, our talented defense lawyers will thoroughly review your case and develop an effective defense strategy to win your case.

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.

Was This Article Helpful? Please Share it.

Contact Us

Get Help Now

If you or a loved one have been accused of a crime, now is the time to contact us.
  • This field is for validation purposes and should be left unchanged.

Related Testimonials


    I would like to sincerely thank you for helping me with obtaining my Certificate of Rehabilitation. I now realize the importance of obtaining a law firm that has years of experience in criminal law. The way the package was organized and presented to the presiding judge was very impressive to me. The person that tried … Continue reading “Certificate of Rehabilitation and Governor’s Pardon Testimonials”

    View All

    My brother was convicted of second degree murder in Los Angeles County. He was sentenced to 16 years to life in state prison. I hired Stephen Klarich from the law firm of Wallin and Klarich to work on his appeal. Our family was very worried and fearful he would spend the rest of his life … Continue reading “PC 1237 | Appeals Testimonials”

    View All

    ARSON: “My husband and I received a shock recently when our son was arrested for starting a fire at a state park. But our shock turned into horror when he was charged with felony arson. We immediately hired the Law Firm of Wallin & Klarich. After a review of the evidence, Wallin & Klarich had … Continue reading “Client Testimonials: Arson”

    View All

Contact Us Now

If you or a loved one have been accused of a crime, this is the time to contact us.

  • This field is for validation purposes and should be left unchanged.
Get In Touch
Contact Info
17592 Irvine Blvd. Tustin, CA 92780 (714) 730-5300

Los Angeles County

Los Angeles | Long Beach | Glendale | Santa Clarita | Lancaster | Palmdale | Pomona | Torrance | Pasadena | West Covina | Carson | Santa Monica | Whittier | Lakewood | Redondo Beach | Arcadia | Diamond Bar | Glendora | Cerritos | La Mirada | Rancho Palos Verdes | Culver City | Manhattan Beach | Claremont | Beverly Hills | San Dimas | Walnut | Calabasas | Hermosa Beach | El Segundo | Palos Verdes Estates | Malibu

Orange County

Santa Ana | Anaheim | Irvine | Huntington Beach | Garden Grove | Orange | Fullerton | Costa Mesa | Mission Viejo | Westminster | Newport Beach | Buena Park | Lake Forest | Tustin | Yorba Linda | San Clemente | Laguna Niguel | La Habra | Fountain Valley | Anaheim Hills | Placentia | Rancho Santa Margarita | Aliso Viejo | Cypress | Brea | Stanton | San Juan Capistrano | Dana Point | Laguna Hills | North Tustin | Seal Beach | Ladera Ranch | Laguna Beach | Laguna Woods | La Palma | Coto de Caza | Los Alamitos | Rossmoor | Midway City | Las Flores | Villa Park

Riverside County

Riverside | Moreno Valley | Corona | Temecula | Murrieta | Jurupa Valley | Indio | Hemet | Menifee | Perris | Eastvale | Cathedral City | Palm Desert | Lake Elsinore | Palm Springs | La Quinta | Coachella | San Jacinto | Beaumont | Wildomar | Banning | Norco | Desert Hot Springs | Blythe | Rancho Mirage | Canyon Lake | Calimesa | Indian Wells

San Bernardino County

San Bernardino | Fontana | Rancho Cucamonga | Ontario | Victorville | Rialto | Hesperia | Chino | Chino Hills | Upland | Apple Valley | Redlands | Highland | Colton | Yucaipa | Montclair | Adelanto | Twentynine Palms | Loma Linda | Barstow | Yucca Valley | Grand Terrace | Big Bear Lake | Needles

San Diego

San Diego | Oceanside | Escondido | Carlsbad | Vista | San Marcos | Encinitas | Solana Beach | El Cajon | Santee | Poway | La Mesa | Del Mar


Oxnard | Thousand Oaks | Simi Valley | Ventura | Camarillo | Moorpark | Santa Paula | Port Hueneme | Fillmore | Ojai

Copyright © 2021 Wallin & Klarich - All rights reserved
California Criminal Defense Lawyer Disclaimer: The legal information presented at this site should not be construed to be formal legal advice, nor should it be considered the formation of a lawyer or attorney-client relationship. Any case results presented on the site are based upon the facts of a particular case and do not represent a promise or guarantee. The contents of this website may contain legal advertising. If you would like to find out more information about your particular legal matter, contact our office for a free telephonic consultation. This web site is not intended to solicit clients for matters outside of the state of California.