What is Vehicular Manslaughter?

Motorists whose unlawful, negligent, or reckless actions behind the wheel result in another person’s death may face a charge of vehicular manslaughter in California. This applies to motorists whose passengers were killed in the crash. Vehicular manslaughter is a wobbler offense, which means that depending on the specific circumstances of your case, you could be charged with a misdemeanor or felony.

Understanding The Different Vehicular Manslaughter Charges in California

In California, a person can be convicted of vehicular manslaughter without gross negligence, with gross negligence, or for financial gain.

Vehicular Manslaughter Without Gross Negligence

A person can be convicted of this vehicular manslaughter charge if:

• While operating a vehicle, they unlawfully committed a lawful act or committed an infraction or misdemeanor
• The act resulted in another individual’s death
• The act was potentially fatal, given the situation
• The act was committed with negligence and not gross negligence

Negligence, in this case, means that the offender did not exercise reasonable care to avoid harming or endangering other people.

Gross Negligence Vehicular Manslaughter

This vehicular manslaughter charge has all the elements of vehicular manslaughter without gross manslaughter. The main difference between the two is that this charge involves gross negligence. Gross negligence is more than typical inattentiveness or carelessness, which is what ordinary negligence is.

For instance, a motorist can be considered grossly negligent if they fail to recognize a hazard that may be caused by certain behaviors. The severity and exact nature of the hazard must also be significant that the motorist’s failure to recognize it is clearly a gross deviation from the level and standard of care other reasonable motorists would recognize under the same circumstances.

Vehicular Manslaughter for Financial Gain

The charge of vehicular manslaughter involves the following elements:

• The motorist intentionally participated and caused a crash in preparation for filing a fraudulent auto insurance claim
• The motorist intended to defraud their auto insurance provider or other parties
• The crash resulted in another person’s death

Vehicular Manslaughter Penalties in California

A conviction for misdemeanor vehicular manslaughter is punishable by a fine of not more than $1,000, summary probation, and up to one year of jail time. But if you get convicted of felony vehicular manslaughter, you face up to $10,000 in fines, formal probation, and up to six years of jail time. If you committed vehicular manslaughter involving insurance fraud, you could face imprisonment of up to 10 years.

In addition, if you flee from the police or commit a hit-and-run after committing vehicular manslaughter, you will face an additional five years of prison time. The California Department of Motor Vehicles (DMV) will also suspend your license for a year or more or revoke it, depending on the specific facts of your case.

Speak to a Seasoned Ventura Criminal Defense Attorney Now

Are you facing a vehicular manslaughter charge? Reach out to the Ventura criminal defense attorney at Bamieh & De Smeth right away. After reviewing your case in a free case evaluation, we can figure out the best defense strategy for your case. To schedule your meeting with our Ventura criminal defense attorney, dial 805-643-5555 or reach us online.