Ventura Vehicular Manslaughter Defense Attorneys
Vehicular manslaughter statutes are becoming more prevalent, as opposed to in the past when these crimes were typically charged as involuntary manslaughter. If your negligent or reckless conduct on the road resulted in the death of another passenger or pedestrian, you could be charged with vehicular manslaughter. These charges are severe and require a dedicated defense team by your side. Our attorneys are the ideal professionals to help.
Call Wilfert Law P.C. to protect yourself from a vehicular manslaughter charge: (805) 324-6777.
Consequences of Vehicular Manslaughter Charges
Vehicular manslaughter charges negligent drivers for their unintentional roles in the death of another person due to their reckless driving. According to CA Penal Code 192(c), vehicular manslaughter occurs when a negligent driver does the following:
- Operates a vehicle
- Demonstrates unlawful or careless conduct while driving
- Causes the death of another
If the accident was intentional, the driver can be charged with vehicular homicide. For cases that are decidedly manslaughter, penalties vary based on the driver’s misconduct and negligence.
Types of Negligence
Negligence refers to the driver’s failure to fulfil their duty to act in a careful manner while driving. In vehicular manslaughter cases, negligence will be determined to be either ordinary or gross. This ruling then directly affects the penalties the guilty driver will face.
- Gross negligence defines acts that pose a greater threat to public safety. It creates a high risk for injuries or death as a direct result of the driver’s actions. In gross negligence cases, the driver is typically aware of the dangerous conditions they are creating.
- Ordinary negligence applies to simpler distractions and inattentiveness. It is far less malicious in nature. Whereas gross negligence assumes the driver purposely acted carelessly while being aware of the danger they were creating and harm they could inflict, ordinary negligence is more of a temporary lapse in judgement. The driver is still thought to be conducting themselves in a careful-enough manner without an intent to endanger others on the road.
To prove gross vehicular manslaughter, certain facts, such as speeding or ignoring the advice of others, must be present. Whether you have been charged with vehicular manslaughter or gross vehicular manslaughter for your offense, you need the legal assistance of our defense lawyers.
Vehicular Manslaughter Penalties
In California, vehicular manslaughter could be charged as a felony or misdemeanor depending on the specifics of the case. Vehicular manslaughter could result in:
- Misdemeanors, which are charged when negligence is ordinary, a misdemeanor or infraction was committed while driving, or both. It is punishable by one year in county jail, probation, and a $1,000 fine.
- Felonies, which are charged when it is the result of gross negligence, are punishable by up to six years in prison, probation, and a $10,000 fine.
Vehicular manslaughter is a serious offense that must be properly defended by a strong and knowledgeable attorney from our firm. You may have your license suspended or revoked if you are convicted of DUI-related vehicular manslaughter. We can thoroughly discuss your case and options for defense during a free consultation.
This is a serious, life-altering offense, so it’s important to contact us today. Do not risk being convicted of manslaughter based on the presumption of a conscious disregard for others' lives.
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