A fatal car accident can change everything. When authorities believe criminal negligence or an unlawful act involving a vehicle contributed to the death, you may find yourself in urgent need of a vehicular manslaughter defense lawyer…
From the specific charges California prosecutors pursue to the defense strategies that can change the outcome, let’s explore what your rights look like under California law.
Understanding Vehicular Manslaughter
California Penal Code (PC) § 192(c) defines vehicular manslaughter as the unlawful killing of another person while driving a vehicle during the commission of an unlawful act not amounting to a felony, or during the commission of a lawful act which might produce death, when committed with criminal negligence.
The more serious charge, gross vehicular manslaughter while intoxicated under PC § 191.5, applies when a person causes a death while driving under the influence with gross negligence.
- DUI: The individual was driving under the influence of alcohol or drugs.
- Gross Negligence: The driver acted with a reckless disregard for human life, going beyond ordinary carelessness.
- Death: The driver’s actions directly caused the death of another person. at the end of this sentence The more serious charge, gross vehicular manslaughter while intoxicated under PC § 191.5, applies applies when a person causes a death while driving under the influence with gross negligence.
Consequences of a Vehicular Manslaughter Conviction
The consequences are not limited to prison. Depending on how the charge is filed, a conviction can result in:
- State prison terms of 4, 6, or 10 years for gross vehicular manslaughter while intoxicated under PC § 191.5(a), rising to 15 years to life if the defendant has qualifying prior DUI convictions
- Potential strike status under California’s Three Strikes law, depending on the specific facts and how the charge is filed
- Suspension or revocation of driving privileges.
- Significant fines and mandatory restitution to the victim’s family
While PC § 191.5(a) is a straight felony with no wobbler option, other related charges, including PC § 191.5(b) and standard vehicular manslaughter under PC § 192(c)(1), carry wobbler status, meaning they can be filed as either a misdemeanor or a felony. This discretion gives prosecutors flexibility in charging decisions, making early legal representation critical.
Defense Strategies That Can Counter the Prosecution’s Case
Not every fatal accident amounts to criminal negligence. To secure a conviction, the prosecution must prove every element of the offense beyond a reasonable doubt, including the required level of negligence and causation.
A seasoned vehicular manslaughter defense lawyer will examine whether the evidence supports the charge and challenge the causal link between your conduct and the fatal outcome. Where DUI is alleged, scrutinizing the reliability of chemical testing is pivotal.
Speak to a Vehicular Manslaughter Defense Lawyer at Shnider Law Firm
If you’ve been charged with vehicular manslaughter, the attorney you choose can have a significant impact on the outcome of your case. Attorney Aaron Shnider of Shnider Law Firm has more than a decade of criminal defense experience, having practiced as a prosecutor and a deputy public defender before building his private practice. That dual perspective gives him rare insight into prosecutorial strategy and exactly how to challenge it.
Contact our team in the Bay Area for a free, confidential consultation: the sooner you have qualified counsel, the stronger your defense.
Disclaimer:
This article is for informational purposes only and does not constitute legal advice. Every vehicular manslaughter case is unique. Consult a qualified vehicular manslaughter defense attorney to discuss your specific situation.
About the Author: Aaron Shnider
