Vehicular manslaughter involves causing a fatal accident due to reckless behavior. California uses several charges to prosecute vehicular manslaughter. The team at the Simmrin Law Group understands how to handle these charges for you.
Legally Defining Vehicular Manslaughter in California
There are several kinds of basic vehicular manslaughter in the state of California. Individuals may face criminal charges under:
Penal Code 192(c)(1): Vehicular Manslaughter with Gross Negligence
PC 192(c)(1) charges apply if individuals act with gross negligence while driving and cause an accident. This accident must result in the death of another person for vehicular manslaughter with gross negligence charges to apply. These charges apply if a driver:
- Carries out an infraction or a misdemeanor, or
- Carries out a lawful act in a dangerous way, while
- Demonstrating gross negligence, and
- Causes a death
California uses a specific definition for gross negligence. This kind of negligence goes beyond being careless or making a mistake. Individuals show gross negligence if they act in a way a reasonable person would find dangerous while behaving recklessly.
Penal Code 191(c)(2): Misdemeanor Vehicular Manslaughter
Drivers may also face criminal charges under PC 191(c)(2). This offense occurs if a driver commits an infraction or misdemeanor while driving in a way that is dangerous to others. However, PC 191(c)(2) charges apply if a driver demonstrates “ordinary” negligence resulting in the death of someone else.
Ordinal negligence means that a driver fails to use reasonable care. Drivers who exhibit ordinary negligence may not act in an aggressively reckless way before causing an accident.
Penal Code 191(c)(3): Vehicular Manslaughter for Financial Gain
Some drivers may face charges under PC 191(c)(3). This charge applies if a driver intentionally causes an accident with the goal of filing a fraudulent insurance claim. PC 191(c)(3) charges should only apply if someone died as a result of an accident. Find out more about vehicular manslaughter charges with a criminal defense lawyer in Los Angeles. Call the Simmrin Law Group today at (310) 997-4688.
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Penalties Associated with Vehicular Manslaughter in California
As you can see, there are multiple criminal charges used to prosecute vehicular manslaughter. , In the event of a conviction, these charges can lead to different penalties. Let’s review the outcomes of a conviction under:
- Fines of up to $10,000
- Prison time of up to six years
- Fines of up to $1,000
- Jail time of up to one year
- Fines of up to $10,000
- Prison time of up to ten years
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Vehicular Manslaughter While Intoxicated in California
Note that there are different charges used in California if a fatal accident occurs while a driver is operating a vehicle under the influence. In this situation, a driver could end up prosecuted under:
- Penal Code §191.5(a): Gross Vehicular Manslaughter While Intoxicated
- Penal Code §191.5(b): Vehicular Manslaughter While Intoxicated – Ordinary Negligence
The penalties for a conviction for vehicular manslaughter while intoxicated are very similar. Drivers may face up to 10 years in jail following a conviction, as well as fines of thousands of dollars. A DUI lawyer in Los Angeles can help drivers handle these charges.
Consider Legal Defenses for Vehicular Manslaughter Charges
You can build a legal case if you were accused of vehicular manslaughter in California. The Simmrin Law Group is prepared to investigate the facts of your situation. Depending on our situation, a lawyer may work to show that:
- You were not negligent during an accident.
- Your actions did not cause a fatality.
- You were reacting to an emergency.
A lawyer could take steps to get your charges reduced or even dismissed. We’ll provide you with up-to-date information about your legal situation. We know how the court system works and we’re ready to help you navigate the legal system, regardless of the exact charges you are facing. Take control of your situation by contacting us for help right now.
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Speak to a Lawyer About Vehicular Manslaughter Charges
Don’t wait to get help if you were charged under Penal Code 192(c): Vehicular Manslaughter. A lawyer with the Simmrin Law Group could get to work on your defense. Call us today at (310) 997-4688. You may also fill out our online contact form. Get answers to your legal questions now with a free consultation.