California Penal Code 192(c): Vehicular Manslaughter covers acts of either driving a vehicle in the commission of an unlawful act not amounting to a felony or driving a vehicle in an unlawful manner in the commission of a lawful act that might produce death. Put simply, CA Penal Code 192(c) covers all forms of vehicular manslaughter not related to driving under the influence.
If you are facing a charge under CA Penal Code 192(c), it is critical that you hire an experienced attorney who can build a defense on your behalf and help you either avoid a conviction or secure a favorable plea deal.
At Los Angeles DUI Lawyer, we can help put you in touch with a knowledgeable lawyer who understands California Penal Codes and can help with your case.
What Counts As Vehicular Manslaughter?
Not every traffic death (or DUI death) is manslaughter. It’s only manslaughter if you were also breaking the law or driving in an unsafe way when the accident happened. This is known as negligence.
In other words, if you were speeding aggressively and caused an accident that killed someone, you could be charged with manslaughter. However, if you were driving safely and lawfully, you probably won’t face a manslaughter charge.
Severity of CA Penal Code 192(c) Violations
The severity of the penalties you could face after being charged with a violation of CA Penal Code 192(c) will depend on the specifics of your situation.
Charges Under CA Penal Code 192(c) Involving Ordinary Negligence
Vehicular manslaughter with ordinary negligence is charged as a misdemeanor in California. If you are charged with this violation, you could face the following consequences if convicted:
- Up to one year in county jail
- A fine of up to $1,000
- Summary probation
Charges Under CA Penal Code 192(c) Involving Gross Negligence
Vehicular manslaughter with gross negligence is a wobbler, which means it can be charged as either a misdemeanor or a felony. The severity of the charge will depend on the circumstances of the offense as well as your criminal history.
If this offense is charged as a misdemeanor, the possible consequences of a conviction include:
- Up to one year in county jail
- A fine of up to $1,000
- Summary probation
Alternatively, if this offense is charged as a felony, the potential penalties for a conviction are much harsher and can include:
- Up to six years in state prison
- A fine of up to $10,000
- Formal probation
Standard Vehicular Manslaughter Vs. DUI Vehicular Manslaughter
If you are potentially facing a charge for DUI vehicular manslaughter as opposed to standard vehicular manslaughter, it is important to know the difference between these offenses, especially if you are considering taking a plea deal. Normally, DUI deaths are charged under an entirely different law, CA Penal Code 191.5: Vehicular Manslaughter While Intoxicated.
There are some cases, however, where a suspected DUI-related death could be treated as ordinary vehicular manslaughter. This typically involves cases where the prosecutor lacks the evidence to prove that you were under the influence when the accident happened. They may offer vehicular manslaughter as a plea deal for pleading guilty, but this is seldom a good offer.
The sentences for regular vehicular manslaughter and DUI manslaughter are almost the same, and taking the deal means you cannot fight the charge in court.
While there are some benefits to a regular vehicular manslaughter conviction, the penalties are still harsh, and if that is the best deal on the table, taking your case to court might be your best option.
Plea Bargaining When Facing a Vehicular Manslaughter Charge
If the evidence against you is overwhelming, your best option might be to negotiate a plea deal. An experienced criminal defense lawyer can negotiate with the prosecutor in your case to secure the best deal possible. With plea bargaining, you will likely plead guilty to a lesser charge with less severe penalties.
Your lawyer will thoroughly explain the ins and outs of what a potential plea deal would entail and advise you of whether it is in your best interest to take the deal or go to court and fight to beat the conviction against you.
In many cases, prosecutors will agree to reasonably favorable plea bargains, as getting you to plead guilty counts as a win on their record and gets your case off their plate. Prosecutors typically carry large caseloads, so they are often eager for quick wins when they can get them.
Reach Out to an Experienced Criminal Defense Lawyer Today
If you are facing a charge for a violation of CA Penal Code 192(c), having an experienced attorney by your side can make all the difference. Don’t risk your future by attempting to fight these charges on your own. At Los Angeles DUI Lawyer, we can connect you with an experienced attorney who can build a strong defense on your behalf.
We know that facing a criminal charge can be intimidating, and we are here to help. Contact us today by phone or through our online contact form, and we’ll put you in touch with a lawyer who can review your case during a free case evaluation.
