Redondo Beach Vehicular Manslaughter Defense Lawyer

Defense from Felony DUI or Reckless Driving Charges

By definition, vehicular manslaughter involves the unintentional killing of another person while driving a motor vehicle. Vehicular manslaughter charges can result from accusations of reckless driving, driving under the influence of drugs or alcohol, or other negligent actions. In California, vehicular manslaughter is a “wobbler”—i.e., it can be charged as a misdemeanor or a felony, depending on the circumstances.

Whether the prosecution will charge you with felony or misdemeanor vehicular manslaughter will depend on the case they can bring against you. If the prosecutor’s office feels it can prove that you acted with gross negligence, or negligence well beyond a normal level of misconduct, then you may be charged with a felony at the state’s discretion. 

Gross negligence could include:

• Street racing
• Driving while committing a crime
• Aggressive driving (road rage)

Is Vehicular Manslaughter a Felony in CA?

Yes, vehicular manslaughter can be a felony in California. The state's law categorizes it as a "wobbler" offense, meaning it can be prosecuted either as a misdemeanor or a felony, depending on the circumstances of the case and the individual's criminal history.

Vehicular manslaughter for financial gain or insurance purposes is always considered a felony under Penal Code 192(c)(3) PC¹. The potential penalties include a fine of up to $10,000 and up to six years in state prison.

Gross vehicular manslaughter, which involves a high degree of negligence or reckless driving, is also a felony punishable by imprisonment in the state prison for two, four, or six years.

However, if the vehicular manslaughter involved ordinary negligence, it might be charged as a misdemeanor, with penalties including up to one year in county jail and a fine of up to $1,000.

Defending Yourself from Vehicular Manslaughter Charges

Michael Norris, Inc. understands the complexities of vehicular manslaughter cases and the defenses that can be used to fight these charges. Our Redondo Beach vehicular manslaughter attorney will work tirelessly to investigate any and all evidence against you, including eyewitness statements, accident reconstruction reports, and toxicology reports. We will also examine the circumstances of your arrest to ensure any evidence gathered unlawfully is thrown out by the court. 

One potential defense in a vehicular manslaughter case is to challenge the prosecution's evidence and argue that the death was not caused by the defendant's actions. Another defense could be to argue that the defendant was not acting with gross negligence. However, the only way to construct an effective defense for you is to have an attorney hear your case.