Being involved in a fatal accident is a serious matter. Depending on the circumstances you can be charged with vehicular homicide as a misdemeanor, as a felony, or a more serious charge such as second-degree murder. If you are convicted of any of these charges you can spend a significant amount of time in jail. Recently, an Orange County jury found a 26-year-old Las Vegas man guilty of second-degree murder (as well as other charges) for the August 2018 crash that killed a woman and injured several people. The crash occurred on the southbound 5 near the 405 interchanges. In the violent collision, a 24-year-old woman was killed and five individuals were seriously injured, including an infant child.
At the time of the impact with the first vehicle, the accused was traveling over 100 mph and was intoxicated. However, there were several secondary collisions that occurred over a span of 12 minutes. The deceased 24-year-old woman was part of a secondary collision, that occurred after she rear-ended a vehicle that stopped to avoid the initial crash. After that, she took her seatbelt off to check on her child in the back seat. She died as a result of another vehicle rear-ending her while she had her seatbelt off. The jury decided that the defendant’s initial conduct was the proximate cause of the victim’s death and convicted him.
With 40+ years of experience, Wallin & Klarich knows what it takes to successfully represent drivers charged with vehicular homicide. These are very serious charges and you need serious and aggressive representation to protect your rights and liberty. Our 24/7 communication standard will make sure you know exactly what’s going on with your case at all times. Call us toll-free today at (877) 4-NO-JAIL for a free consultation and get immediate advice from one of our skilled Orange County vehicular homicide defense lawyers.
What Constitutes “Vehicular Homicide”?
The crime of Vehicular Homicide is specifically defined in California Penal Code Section 192(c). PC Section 192 provides that there are three kinds of manslaughter, which is the unlawful killing of a human being without malice. The third kind is vehicular manslaughter or homicide. Vehicular manslaughter or homicide is further defined under the statute as the following:
- PC 192(c)(1) – Vehicular Manslaughter With Gross Negligence;
- PC 192(c)(2) – Vehicular Manslaughter Without Gross Negligence;
- PC 192(c)(3) – Vehicular Manslaughter While Intoxicated; and
- PC 191.5(a) – Gross Vehicular Manslaughter While Intoxicated.
All of the above offenses have clear defined elements, which must be proved in order to sustain a conviction of that specific offense. Which violation you are charged with will depend upon the severity of the crash, injuries, and fatalities.
Vehicular Homicide Penalties | What You’re Facing
The penalties for vehicular homicide can be significant. This is why it’s extremely important to have an aggressive criminal defense team on your side fighting for your rights. Here are the following penalties you may be facing:
- A conviction for 192(c)(1) is punishable either by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for two, four, or six years.
- A conviction for 192(c)(2) is punishable by imprisonment in the county jail for not more than one year.
- A conviction for 192(c)(3) is punishable either by imprisonment in the county jail for not more than one year or by imprisonment in the state prison for 16 months, two, or four years.
- A conviction for 191.5(a) is punishable either by imprisonment in the state prison for four, six, or ten years.
Contact us online or call us today at (877) 4-NO-JAIL for a free phone consultation. During your initial consultation, we will ask about the facts of your case. Be prepared to discuss all of the facts of your case and the information that will help us defend you. When it matters most, call Wallin & Klarich; we’ll be here for you when you call.