According to a National Highway Traffic Safety Administration 2020 report, motor vehicle crashes are the number one safety problem in the USA transport system. Accidents account for 94 percent of deaths and 99 percent of road accident injuries. California has stringent laws that criminalize reckless and dangerous driving, which can cause vehicular manslaughter.
Under California law, the court can charge you with vehicular manslaughter if you cause the death of a person by driving negligently. Possible penalty will depend on the level of your negligence, whether you were intoxicated, and your criminal record. The court can charge you with gross negligence vehicular manslaughter or ordinary vehicular manslaughter.
Fortunately, you can use various defenses to fight these charges. You can state your actions were not negligent, and neither did they cause the other person's death. You can state you acted the way you did due to an emergency.
If you or your loved one has been charged with vehicular manslaughter, you need to enlist the services of an attorney because vehicular manslaughter carries grievous penalties. Your attorney will present facts and convince the court to reduce or dismiss the charges. At California Criminal Lawyer Group, we have a wealth of experience representing clients in Santa Ana charged with vehicular manslaughter.
How The Law Classifies Vehicular Manslaughter In California
California law makes vehicular manslaughter a criminal offense. Unlike involuntary and voluntary manslaughter, the prosecution can only charge you with vehicular manslaughter if you commit the crime while operating a motor vehicle. California law considers vehicular manslaughter a severe offense.
In California, the prosecution can charge you with manslaughter caused by gross negligence or with vehicular manslaughter caused by normal negligence, depending on the level of your negligence.
Vehicular Manslaughter Caused By Gross Negligence
In California, the prosecution can charge you with vehicular manslaughter caused by gross negligence. However, the prosecution has to prove various facts of the crime beyond a reasonable doubt for the court to find you liable for the offense. Under the law, the prosecution has to prove you committed an offense, which is not a felony while driving the vehicle.
They also have to prove you committed a lawful act but in a manner that could cause death. The prosecutor also has to prove you committed a dangerous act while driving, which could result in another person’s death or injury.
Additionally, the prosecution also has to prove your action was grossly negligent and led to the death of another person. Understanding the crime’s elements is critical as it enables you to present a solid defense.
Understanding What The Terms In The Elements Of Vehicular Manslaughter Caused By Gross Negligence Mean
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Committing An Infraction, Misdemeanor, Or A Lawful Act In A Manner That Could Lead To Loss Of Life
Under the law, the prosecution can only charge you with Penal Code 192(c)(1) if you either commit an infraction or misdemeanor while driving. Or if you act legally and your actions result in the death of another person.
For example, you are headed home from work and receive a phone call from your wife. You answer the call and lift the phone to your ear, which is an infraction according to California law. Unfortunately, you lose control, and the vehicle rolls over several times, and your friend, who was a passenger, dies.
In such a scenario, the prosecution may charge you with the offense because you caused the death of your friend while commuting an infraction. According to the law, you must have been committing a misdemeanor or infraction but not a felony when you caused the death.
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Gross Negligence
In California, the prosecution will charge you with vehicular manslaughter caused by gross negligence if they prove your actions were grossly negligent. Therefore, the court cannot charge you with vehicular manslaughter with gross negligence unless the prosecution proves your actions were grossly negligent. Gross negligence is more than mere carelessness, poor judgment, or inattentiveness. Under the law, the court will consider your actions grossly negligent if you act in a manner likely to cause great bodily harm or death.
The prosecution can also charge you with the offense if they prove a person with proper reasoning would have fathomed such actions were likely to result in great bodily injury or death. Under the law, the court can only define your actions as grossly negligent if a normal person would have acted differently in similar circumstances. Furthermore, the prosecution must prove your actions indicated you did not care if you hurt or killed someone and did not care about the result or impact of your actions.
For example, you had traveled to visit your wife’s parents. Your brother-in-law decides to accompany you back home. Since you are more familiar with the road, your brother-in-law decides to trail you. However, they realize you are driving recklessly, and they honk and flash their lights to catch your attention. However, you ignore the warnings and drive in the oncoming traffic lane on the two-way traffic road. Unfortunately, you are involved in a head-on collision with an oncoming truck, and one of your passengers dies.
The prosecution can charge you with vehicular manslaughter due to gross negligence in such a case. The court will charge you with the offense since your actions indicated you did not care if your actions could cause death, and a normal person would not have driven in such a reckless manner.
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Causing Another Person’s Death
In California, the prosecution can only charge you with vehicular manslaughter due to gross negligence if your actions cause death. Under the law, the prosecution must prove that your gross negligence directly caused or significantly contributed to another person’s death. The judge will charge you with the offense if they determine a person who reasons properly would have known such actions would likely cause death.
For example, Mike and Alvin are bosom buddies. However, Mike is adventurous, while Alvin is laid back and worries over trivial matters. One day, Mike decides to drive on the wrong side of the freeway. Luckily, it was late at night, and they did not crash with any oncoming traffic. However, apart from driving on the wrong side of the freeway, Mike was driving at very high speeds. Unfortunately, the speed was too much for Alvin, and he suffered a stroke and died.
Although Mike broke the law and his actions were grossly negligent, the prosecution may not charge him with penal code 192(c)(1). Alvin’s death resulted from a stroke. A stroke is not a probable or natural consequence of Mike’s actions since it is not natural for a person to die of a stroke while riding in a speeding vehicle.
Additionally, the prosecution can charge you with the offense even if your gross negligence is not the sole purpose of causing death. However, for the court to charge you with the offense, the prosecution has to prove that your gross negligence was a significant contributing factor to the other person's death.
For example, you are driving recklessly, and you hit a child, and you drive off, fearing the onlookers' wrath. However, the child does not die, but they are seriously hurt. Unfortunately, another motorist drugs the child under their vehicle and kills them. The prosecution might charge you with vehicular manslaughter caused by gross negligence in such a case because your reckless driving contributed significantly to the child’s death.
Vehicular Manslaughter Caused By Normal Negligence
Under Penal Code 191(c)(2), the prosecution can also charge vehicular manslaughter as a misdemeanor or normal negligence instead of gross negligence. However, the prosecution has to prove some aspects of the crime for the court to find you guilty of the offense. The prosecution has to prove you committed an offense that is not a felony. The prosecutor must also prove your actions were not illegal, but you behaved in a negligent manner.
The prosecution also has to prove your actions could cause injury or death. The prosecutor also has to prove your actions amounted to normal negligence and were the cause of another person’s death or contributed significantly to their death.
Under the law, the degree of negligence distinguishes between ordinary and gross negligence vehicular manslaughter. The court can find you guilty of vehicular manslaughter caused by ordinary negligence if you fail to act reasonably to prevent the death or injury of another person. However, your level of negligence does not qualify as gross negligence.
For example, you are in a rush since you are late for work. The traffic light turns red as you are about to cross a somewhat busy street. You do your math and conclude you can cross the street since you cannot see any traffic on either side.
Unbeknown to you, a cyclist is crossing the road from a blind spot. In an instant, you hit the pedestrian who dies on the spot. In such a case, the prosecution can charge you with vehicular manslaughter with ordinary negligence. Although you were negligent and you ran a red light, your actions do not rise to the level of gross negligence.
Vehicular Manslaughter So That You Can Gain Financially Through Making A Fraudulent Claim
It is against California Penal Code 193(c)(3) to commit vehicular manslaughter so that you can fraudulently receive money. The prosecution can charge you with the offense if you knowingly participate in or cause an accident while driving. The prosecution will charge you with the offense if you intentionally cause an accident that results in the death of a person to make a fraudulent insurance claim. Under the statute, it is illegal to kill someone in an accident you deliberately caused for financial gain.
California Penalties For Contravening Penal Code 192(C)
In California, the penalties for the offense depend on the kind of vehicular manslaughter you have committed. As highlighted below, the penalties for ordinary and gross negligence vehicular manslaughter differ.
Penalties For Gross Negligence Vehicular Manslaughter
Under California law, the prosecution charges vehicular manslaughter caused by gross negligence as a wobbler. A wobbler is an offense that the prosecution can charge as a felony or a misdemeanor. Depending on various factors, the prosecutor will charge the case as a felony or misdemeanor. The prosecution will consider your criminal history and the case's circumstances.
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Misdemeanor Penalties For The Offense
Misdemeanor penalties for the offense include summary probation, a one-year maximum jail term, a maximum fine of $1,000, or both the jail term and fine.
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Felony Penalties For The Offense
Felony penalties for the offense include formal or felony probation. The court can also sentence you to two, four, or six years in state prison and charge you a maximum fine of $10000. The court can also sentence you to prison and charge you a fine.
Penalties For Ordinary Vehicular Manslaughter
Penalties for ordinary or misdemeanor vehicular manslaughter include probation, a maximum sentence of one year in jail, and a maximum fine of $1,000, or both the prison sentence and fine.
Penalties For Vehicular Manslaughter So That You Can Gain Financially Through Fraudulent Action
The law classifies the crime as a severe offense in California. Therefore, the court always charges the offense as a felony. If the court finds you guilty of the crime, the judge could sentence you to four, six, or ten years in prison. The court could also charge you a maximum fine of $10,000 or both.
Suspension Of Your Driver’s License
The Department of Motor Vehicle will also suspend your driver’s license. The department may not reinstate your driver’s license until a three-year period elapses. It is a criminal offense to drive on a suspended license under California Penal Code 14601. If the authorities apprehend you driving with a suspended license, you will face additional penalties, including jail time, fines, or probation as stipulated under the statute.
Defenses You Can Use To Fight Manslaughter Caused By A Vehicle In California
Fortunately, you can present various defenses to fight vehicular manslaughter charges in California. However, it is critical to enlist the services of a qualified criminal attorney to help you present a strong defense. Some of the defenses you can raise against these defenses include stating your actions were not negligent, the victim’s death was not a result of your negligence, and that your actions were justifiable under the conditions since you were reacting to an emergency. Below are the defenses you can present against the charges in more detail.
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Your Actions Were Not Grossly Negligent
Proving you acted negligently can be a bit tricky for the prosecution. The law requires the prosecution to prove you did not act reasonably under the prevailing circumstances. However, some situations require you to make split-second decisions that may later seem negligent. Your attorney can argue that your level of negligence was not gross negligence but simply ordinary negligence.
The charge of vehicular negligence where your actions were grossly negligent carries more severe penalties. Therefore, if your attorney can convince the court your actions were simply negligent but not grossly negligent, the court will pass less severe penalties. Under the law, the DMV suspends your license if the court charges you with gross negligence. Therefore, you can avoid the driver’s license suspension if the court charges you with normal negligence instead of gross negligence.
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The Victim’s Death Was Not A Result Of Your Negligence
It is also challenging for the prosecution to prove your actions were the cause of the victim’s death. The prosecutor may claim that someone died due to your negligent or grossly negligent action. However, the prosecutor must prove your negligent actions are to blame for the victim’s death.
The prosecution must prove that the victim’s actions or the actions of another third party did not cause the death. The prosecution must prove beyond reasonable doubt that your negligence is to blame entirely or is a significant contributor to the victim’s death.
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You Acted As Any Reasonable Person Would Under The Circumstances
The law expects you to act reasonably if you face an emergency while driving. Acting reasonably means acting in a manner that shows you used sound judgment and care in your actions. If you can prove you acted in such a manner, the prosecution cannot charge you with vehicular manslaughter.
For example, you can state you swerved into oncoming traffic to avoid hitting an old person crossing the road or a deer that unexpectedly jumped in front of you as you were driving. You can state you did not act negligently even though your actions may have caused vehicular manslaughter.
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You Were Not Driving The Vehicle At The Time Of The Accident.
Under the law, the prosecution can only charge you with vehicular manslaughter if you operate a motor vehicle. Therefore, you can state you were not operating the motor vehicle at the time of the accident. For example, you can tell the court you were simply seated in the driver's seat when another car bumped into you from the rear and pushed your car forward, and you hit a cyclist who died.
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They Are Wrong Accusations
You can also tell the court it is a case of mistaken identity. Another vehicle similar to yours in color or make caused an accident where a person died. You can claim the prosecution has the details wrong, and the accusations are false as you were nowhere near the scene of the accident at the time it occurred.
What Happens If You Flee The Scene After Causing Vehicular Manslaughter In California?
It is unwise to flee the scene of an accident. Doing so makes the situation worse. Therefore, it is crucial to remain at the accident scene until the authorities arrive. You should also contact your attorney immediately and do not accept any liability even if you think you are in the wrong.
In California, the law requires you to stop and exchange your contact details, including your name, address, and insurance. The law also requires you to identify yourself to the police officers who arrive at the accident scene. It is also prudent to offer any help you can to the injured, including contacting emergency medical services.
Under California law, the court will enhance your sentence with five additional years if you flee the accident scene if you cause vehicular manslaughter. It does not matter if you caused the manslaughter while under the influence of drugs or alcohol or while sober. Under the three-strike law, vehicular manslaughter can be a strike offense on your criminal record if the judge charges the offense as a felony.
The Prosecution Can Also Charge You With Vehicular Manslaughter If You Are Under The Influence Of Drugs Or Alcohol
The prosecution can also charge you with vehicular manslaughter if you are under the influence of drugs or alcohol. In such a case, the court can either charge you with vehicular manslaughter while intoxicated or gross vehicular manslaughter while intoxicated.
Under the law, the prosecution can charge you with vehicular manslaughter while intoxicated if you cause another person’s death because you were driving while intoxicated. If the court finds you liable, the court can sentence you to four, six, or ten years in prison. The DMV will also suspend your license.
Call A Criminal Lawyer Near Me
Vehicular manslaughter (VM) is the unlawful killing of a person while operating a motor vehicle. Under the law, you commit vehicular manslaughter if you cause someone else’s death when driving a car recklessly or negligently with no regard to human life. A vehicular manslaughter charge can have severe repercussions on your driving record.
Therefore, you should seek the help of a lawyer who can help you fight the charges. At California Criminal Lawyer Group, we have highly experienced attorneys who have defended numerous clients accused of vehicular manslaughter. If you or your loved one needs help fighting vehicular manslaughter charges in Santa Ana, do not hesitate to contact us at 714-844-4151 for a free consultation.
