Being charged with vehicular manslaughter in California is a life-altering experience. In many cases, these incidents start off with a car accident that, at least in the moment, doesn’t feel all that different from any other collision on a California road. However, the reality is that the penalties that may result from this charge can completely jeopardize your freedom going forward.
California law also treats vehicular manslaughter differently depending on the level of negligence involved and whether drugs or alcohol were a factor. Learning about how the charge against you is classified is the first step toward building an effective defense, so read on for the information you need to know.
What Is Vehicular Manslaughter Under California Law?
Vehicular manslaughter is defined under California Penal Code § 192(c) as the unlawful killing of another person, without malice, while driving a vehicle. What separates this charge from murder is the absence of intent.
The prosecution does not need to prove that you meant to cause someone’s death. They do, however, need to show that your driving was negligent or unlawful and that it directly caused the fatal outcome.
The distinction between ordinary negligence and gross negligence is one of the most important factors in these cases. Ordinary negligence refers to a failure to use the level of care that a reasonable person would exercise under similar circumstances. Gross negligence goes further. It involves conduct so reckless that it creates a high risk of death or serious bodily harm, and a reasonable person would have recognized that risk.
Types of Charges and Penalties
Not all vehicular manslaughter charges carry the same weight.
The specific charge you face will depend on the facts of the case, the level of negligence involved, and whether intoxication played a role:
- Vehicular manslaughter with ordinary negligence is always charged as a misdemeanor. It carries up to one year in county jail.
- Vehicular manslaughter with gross negligence is a wobbler, meaning the prosecution can file it as either a misdemeanor or a felony. A misdemeanor conviction carries up to one year in county jail. A felony conviction can result in two, four, or six years in state prison.
- Vehicular manslaughter for financial gain applies when someone intentionally causes a collision for the purpose of filing a fraudulent insurance claim and a death results. This is always a felony and carries four to ten years in state prison.
Additional penalties may apply as well if there are aggravating factors present, such as if the incident involved a hit-and-run.
Vehicular Manslaughter While Intoxicated
When alcohol and/or drugs are involved in the equation, the charges can become more serious as well.
California Penal Code § 191.5 addresses vehicular manslaughter while intoxicated:
- Gross vehicular manslaughter while intoxicated is always a felony. It carries a sentence of four, six, or ten years in state prison. If others were seriously injured in the same incident, additional consecutive terms of three to six years may be added.
- Vehicular manslaughter while intoxicated with ordinary negligence is a wobbler. As a misdemeanor, it carries up to one year in county jail. As a felony, it carries 16 months, two years, or four years in state prison.
In the most serious situations, prosecutors may bypass vehicular manslaughter charges entirely and pursue second-degree murder. This is sometimes referred to as a “Watson murder” charge and typically arises when the driver has a prior DUI conviction and was previously warned about the risks of driving under the influence. A conviction carries 15 years to life in prison.
Potential Defenses to Vehicular Manslaughter
A vehicular manslaughter charge does not automatically lead to a conviction. Depending on the situation, there are several defense strategies that may apply to your case.
A few examples include the following:
- Your conduct did not rise to the level of negligence required for the charge
- Your actions were not the actual and proximate cause of the other person’s death
- You were responding to a sudden emergency and acted reasonably under the circumstances
- The prosecution is overstating the level of negligence, and the charge should be reduced from gross negligence to ordinary negligence
- The evidence against you was obtained through an unlawful traffic stop or other constitutional violation
An experienced criminal defense attorney can evaluate the evidence against you and determine which approach gives you the best chance at a favorable outcome from there.
Contact the San Jose Criminal Defense Attorneys at Ahmed & Sukaram, Criminal Defense Attorneys for Help Today
A vehicular manslaughter charge can threaten your freedom, record, reputation, and future. The right defense strategy depends on the facts of the crash, the evidence available, and how prosecutors classify the alleged conduct.
Ahmed & Sukaram, Criminal Defense Attorneys represent clients facing serious criminal charges throughout California. Contact our San Jose criminal defense lawyers today at (408) 217-8818 to schedule a consultation and learn more about your legal options.