Vehicular Manslaughter California Penal Code 192(c) – Overview
Are you Facing Charges of Vehicular Manslaughter?
California Penal Code section 192(c) defines vehicular manslaughter as driving a vehicle with ordinary negligence that results in the unlawful killing of a human being. The sentencing and punishment for vehicular manslaughter or homicide in California can be severe. In order to convict you of vehicular homicide, the prosecution must prove the following:
- While driving a vehicle, you committed a misdemeanor, infraction or otherwise lawful act in an unlawful manner AND
- The misdemeanor, infraction or otherwise lawful act was dangerous to human life under the circumstances of its commission AND
You can still be charged with vehicular manslaughter if a passenger in your car is killed as a result of the crash. - You committed the misdemeanor, infraction or otherwise lawful act with ordinary negligence AND
- The misdemeanor, infraction or otherwise lawful act caused the death of another person
Cases of vehicular manslaughter usually involve vehicular collisions in which the driver or a passenger of the car you hit dies from injuries related to the crash. However, you can also be convicted of this offense if the passenger in your own vehicle dies as a result of your negligent conduct. The key issues that the prosecution must prove are whether you were driving the vehicle at the time the accident occurred and whether your actions were considered criminally negligent.
Defenses to a Charge of Vehicular Manslaughter
There are a number of defenses that a California vehicular manslaughter defense lawyer at Wallin & Klarich can raise on your behalf. Your attorney can argue:
- Your actions were not negligent
- Your actions were not the cause of death
- You were not driving the vehicle
Each of these defenses can be raised depending upon the facts of your individual case. Be sure to consult a California vehicular manslaughter defense attorney at Wallin & Klarich to learn more.
Vehicular Manslaughter Sentence and Punishment
According to California Penal Code section 193, the sentencing and punishment for vehicular manslaughter depends upon whether the offense is charged as a misdemeanor or felony.
A misdemeanor vehicular manslaughter conviction is punishable by up to a year in county jail. A felony vehicular manslaughter conviction is punishable by 2, 4 or 6 years in state prison. The DMV can also suspend your driver’s license if you are convicted of this offense.
Vehicular Manslaughter FAQs
To help you understand the various aspects of vehicular manslaughter, our attorneys at Wallin & Klarich have provided answers to some of the most commonly asked questions in our FAQ section. There, you can find answers to questions like:
- How will the prosecution decide whether to charge vehicular manslaughter as a felony or misdemeanor?
- Can I face more severe penalties if I fled the scene of the accident?
- What does “ordinary negligence” mean?
Where Can I Find the Most Experienced California Vehicular Manslaughter Defense Attorneys?
If you are confronted with accusations of vehicular manslaughter, it is essential that you contact an experienced criminal defense lawyer who is familiar with such cases.
With offices in Los Angeles, Sherman Oaks, Torrance, Tustin, San Diego, Riverside, San Bernardino, Ventura, West Covina and Victorville, there is an experienced Wallin & Klarich criminal defense attorney near you, no matter where you work or live. We have the knowledge and the know-how to win your case.
Let us show you how we protect our own. Call us today at (877) 466-5245 or fill out our confidential form. We will be there when you call.
