What Is Vehicular Manslaughter Under California Law?
Vehicular manslaughter occurs when someone dies as a result of your unlawful driving, but without malicious intent. California Penal Code 191.5 breaks this down into two main categories: gross vehicular manslaughter and vehicular manslaughter.
The key difference lies in how you were driving. Gross vehicular manslaughter involves driving with gross negligence - like excessive speeding, racing, or driving under the influence. Regular vehicular manslaughter involves ordinary negligence while breaking a traffic law.
Penalties for Vehicular Manslaughter in California
The penalties depend on which type of vehicular manslaughter you're charged with:
Gross Vehicular Manslaughter: This felony carries 4, 6, or 10 years in state prison. If you have prior vehicular manslaughter convictions, you face 15 years to life.
Vehicular Manslaughter (Ordinary Negligence): This can be charged as either a misdemeanor or felony. As a misdemeanor, you face up to one year in county jail. As a felony, you face 2, 4, or 6 years in state prison.
DUI-Related Vehicular Manslaughter: When alcohol or drugs are involved, penalties increase significantly. You face 4, 6, or 10 years in prison, plus additional time if multiple people died or others were injured.
Common Defenses Against Vehicular Manslaughter Charges
Several defenses can challenge vehicular manslaughter charges in Orange County. The prosecution must prove every element of the crime beyond reasonable doubt.
Your attorney might argue that your driving wasn't negligent, that something else caused the death, or that you weren't actually driving unlawfully. Sometimes, mechanical failure or another driver's actions were the real cause of the accident.
In DUI manslaughter cases, we can challenge the blood alcohol test results, question whether you were actually impaired, or argue that the accident would have happened regardless of any impairment.
How Vehicular Manslaughter Cases Work in Orange County
These cases move quickly through the criminal justice system. The District Attorney's office in Orange County prosecutes vehicular manslaughter aggressively, especially in DUI-related deaths.
Evidence collection happens immediately at the accident scene. Police will document everything, interview witnesses, and often arrest you on the spot if they suspect criminal activity. The sooner you have legal representation, the better we can protect your rights during this critical time.
Most vehicular manslaughter cases involve both criminal charges and civil liability. The family of the person who died will likely file a wrongful death lawsuit against you. Having an experienced criminal defense attorney who understands both aspects is important for your overall protection.