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California recognizes and punishes four types of vehicular
manslaughter:
1. Vehicular manslaughter while intoxicated, with gross negligence. Conviction leads to up to one year in county jail, or four, six or ten years in state prison, depending on whether prior convictions or a criminal record is present. With one or more priors of this or certain other vehicular felonies, the penalty for vehicular manslaughter while intoxicated with gross negligence can be as high as 15 years to life in state prison.
2. Vehicular manslaughter with gross negligence, without intoxication. Conviction leads to up to one year in county jail, or two, four, or six years in state prison.
3. Vehicular manslaughter without gross negligence, without intoxication. Conviction leads to up to one year in county jail.
4. Vehicular manslaughter while intoxicated, without gross negligence. Conviction leads to up to one year in county jail, or 16 months or two or four years in state prison.
In any of these cases, the prosecutor must prove that the defendant committed some wrongful act—either a felony, a misdemeanor, an infraction, or even a lawful act that might cause death—and that the wrongful act led to the accident and the death of the victim. To show gross negligence and convince the judge to hand down a stricter sentence, prosecutors must show that the defendant acted without concern for the consequences of his or her actions, and without regard for the health and safety of others. A simple wrongful act that unfortunately leads to the death of another—running a stop sign at a usually-empty intersection, for example—usually does not qualify as gross negligence.
Work with a skilled Los Angeles manslaughter lawyer
As you can see, vehicular manslaughter—sometimes called vehicular homicide—is a serious charge that can lead to serious and severe penalties. Under certain circumstances—with one or more prior convictions for a similar offense—vehicular manslaughter charges can even lead to life imprisonment.
A good criminal defense attorney will work with you to ensure that vehicular manslaughter charges do not cost you any more than they have to. The Los Angeles manslaughter attorneys at Falangetti & Weimortz have over 30 years of combined criminal law experience, and worked as Deputy District Attorneys prior to moving into criminal defense—they know the criminal justice system inside and out. Contact them today to arrange a free initial consultation by calling them at 866-899-6995, visiting their website, or visiting either their Long Beach or Newport Beach offices.
