Were you charged with vehicular manslaughter in Los Angeles, California? A fatal crash can trigger a felony, at the cost of years in prison and the loss of your license. But a tragic accident is not always a crime.
A Los Angeles vehicular manslaughter defense lawyer at Fight My Ticket can help defend you. Text your ticket to (323) 435-6045 for a free consultation.
Why Choose Fight My Ticket for My Vehicular Manslaughter Case
Some crashes result in an accidental death. That doesn’t mean they warrant criminal charges. Fight My Ticket has spent decades fighting for individuals who have been harshly prosecuted by the government.
Clients throughout Los Angeles, CA, choose our firm because:
- Our attorneys have decades of combined criminal defense experience to each case
- We have handled over a thousand traffic tickets and criminal cases across California
- We have won dismissals in serious felony matters, including cases involving vehicles
Call today to speak with a Los Angeles criminal defense attorney who will take your case as seriously as you do.
What Is Vehicular Manslaughter in California?
Vehicular manslaughter refers to causing someone’s death due to driving in a negligent or unlawful way. It is usually charged under Penal Code Section 192(c). If alcohol or drugs were involved, prosecutors may use Penal Code Section 191.5 instead.
The charge does not require an intent to hurt anyone. It focuses on how you were driving and whether that driving caused the death.
Gross Negligence vs. Ordinary Negligence
The level of negligence alleged will influence the severity of your charges.
- Gross negligence is reckless conduct that creates a high risk of death or great bodily injury. Ordinary carelessness is not enough.
- Ordinary negligence refers to a failure to use the care a reasonably careful driver would use. It is charged as a misdemeanor.
Prosecutors often start with gross negligence, but your lawyer can push for reduced charges.
What Are the Penalties for Vehicular Manslaughter in California?
The penalties you face depend on the charges. Common sanctions include:
- Gross vehicular manslaughter (PC 192(c)(1)). As a misdemeanor, this charge carries up to one year in county jail. When it is serious enough to charge as a felony, it carries 2, 4, or 6 years in state prison and a fine of up to $10,000.
- Ordinary negligence (PC 192(c)(2)) is a misdemeanor with up to one year in county jail and a fine of up to $1,000.
- Gross vehicular manslaughter while intoxicated (PC 191.5(a)) is a felony with 4, 6, or 10 years in state prison.
- Vehicular manslaughter while intoxicated (PC 191.5(b)). As a felony, this charge carries 16 months, 2 years, or 4 years in prison.
A conviction can also lead to the DMV revoking your license. For serious charges, that revocation lasts at least three years.
How Does Vehicular Manslaughter Affect My Driver’s License?
A vehicular manslaughter charge puts your driving privileges at risk through both the DMV and the criminal courts.
- DMV hearing timeline. Following a DUI arrest, the DMV can automatically suspend your license unless you request an administrative hearing within 10 days.
- Mandatory revocation. Under Vehicle Code Section 13351, a vehicular manslaughter conviction requires license revocation.
- Three-year minimum. Reinstatement requires at least three years, along with proof of financial responsibility such as an SR-22 certificate.
- Commercial licenses. Commercial drivers face strict disqualifications that can disrupt their careers.
Driving during a revocation period is a separate criminal offense that extends your penalty.
Securing a charge reduction can help protect your license. Our defense attorneys focus on mitigating both criminal penalties and driving privilege suspensions.
Can a DUI Crash Lead to a More Serious Charge?
If you have a prior DUI conviction and received a “Watson advisement,” you could face more severe charges. A Watson advisement warns that drunk driving can be charged as murder.
In some cases, prosecutors may charge you with second-degree murder after a fatal DUI crash. That carries 15 years to life in prison.
If you are facing a murder charge, or a vehicular manslaughter charge that could be upgraded, you need an attorney involved right away.
What Defenses Are Available to Manslaughter Charges?
Fatal crash cases aren’t always cut and dry. There may be many strategies to prove your collision didn’t meet the elements of a manslaughter crime.
Depending on the evidence, possible defenses include:
- No gross negligence. If your conduct was not reckless, this can lead to a reduced charge.
- You did not cause the death. You should not be charged if another driver, road conditions, or other factors caused the crash.
- Sudden emergency. If an unexpected hazard forced you to react, you may not be criminally responsible for manslaughter.
- You were not impaired. In cases involving intoxication, your lawyer can challenge the traffic stop, the testing method, and the chemical results.
- Weak or flawed evidence. The prosecution must prove your case beyond a reasonable doubt.
The right defense depends on the facts of your crash. Our attorneys at Fight My Ticket can review your case and determine the best defense options in your case.
Contact a Los Angeles Vehicular Manslaughter Defense Lawyer
A fatal accident is already devastating enough. Being charged with a crime adds a second burden. You deserve advocacy if the state has decided to come after you.
At Fight My Ticket, we have more than 100 years of combined experience defending clients throughout California. Contact our Los Angeles vehicular manslaughter defense lawyers today for a free consultation. We are available 24/7.
