California is one of several states that has a separate crime for vehicular manslaughter. As the name implies, this crime occurs when you kill someone while you were driving a vehicle.
This crime can be an intentional act or even an unintentional act while you were intoxicated. This can be charged as a felony or a misdemeanor and is in addition to any civil liability, such as a suit by the victim’s probate estate. These claims can be brought by estates outside of California, such as the recent win by a probate attorney in Houston, Texas obtained against a California defendant that has been in the national news.
If you or a loved one has been involved in a vehicular manslaughter case, here is what you need to know.
Vehicular Manslaughter
Manslaughter is included in a set of crimes known as criminal homicide. It includes voluntary, involuntary, and vehicular manslaughter.
Section 192 of the Penal Code says that a person commits vehicular manslaughter if he kills another person while operating a vehicle as part of a criminal act or criminal negligence:
- driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
- Driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.
- Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This paragraph does not prevent the prosecution of a defendant for the crime of murder.
This section is separate from Section 187. Section 187 applies if you killed someone while driving a car and committed an act that was a felony. This is often referred to as the California felony murder rule.
Penalties for Vehicular Manslaughter
You can be charged with a misdemeanor or a felony for vehicular manslaughter. Thus, the punishment can vary widely.
The max punishment for a misdemeanor charge with gross negligence is one year in county jail. The max felony charge is six years in state prison.
Ordinary negligence is a misdemeanor with one year in county jail.
Prison sentence: between two and 20 years
Defenses to Vehicular Manslaughter
There are defenses available to the crime of vehicular manslaughter. However, it is important to note that even if one of the defenses applies, a person can still be convicted of a lesser crime. The defenses available to the charges of manslaughter and vehicular manslaughter in California include:
- You did not act with negligence or gross negligence;
- Your negligence didn’t cause the victim’s death; and
- You were facing a sudden emergency and acted reasonably under the circumstances.
For questions about Vehicular Manslaughter, or to discuss your case confidentially with one of our California criminal defense attorneys, do not hesitate to contact us.