CALIFORNIA CRIMINAL LAWYERS

Los Angeles Gross Vehicular Manslaughter

Understanding Gross Vehicular Manslaughter in the State of California

If you find yourself facing charges for gross vehicular manslaughter, chances are that you are stuck in the middle of a legal minefield with no way of escape. However, having a better understanding of the crime, punishments and possible legal defenses that can be used to fight the charges can go a long way in easing the situation. This article will help you to gain a more comprehensive knowledge of all these key areas so that you can better prepare for what may lie ahead.

Definitions of Gross Vehicular Manslaughter

Before we start the discussion on punishments and defenses, it’s essential to have a clear definition of gross vehicular manslaughter. Essentially, gross vehicular manslaughter happens when a person is killed by an individual who was either driving negligently in a lawful manner or unlawfully. It’s worth noting that if the crime committed is recognized as a California felony, then one cannot be charged with gross vehicular manslaughter but may be charged with murder.

Punishments for Gross Vehicular Manslaughter

Have you been charged with gross vehicular manslaughter in California? Then you must understand the unique nature of punishment applicable to this crime.

Firstly, the punishment is contingent on whether you acted with gross negligence or ordinary negligence. Typically, it can be charged as either a felony or a misdemeanor depending on the gravity of the offense. A misdemeanor can carry a maximum sentence of 1 year in the county jail, while a felony conviction can result in a prison sentence of up to six years in state prison.

Legal Defenses for Gross Vehicular Manslaughter

If you find yourself facing charges related to gross vehicular manslaughter, you can use one of the following legal defenses to fight for your cause.

No Ordinary or Gross Negligence

One possible legal defense for gross vehicular manslaughter is that the accused was neither grossly negligent nor negligently ordinary. The defense team that you hire will work to poke holes in the prosecution’s case by establishing that you were driving in the most reasonable, careful and responsible way possible and that the accident that took place was unavoidable under the circumstances.

Negligence Did Not Cause Death

Another possible legal defense is, that your driving negligence did not directly cause the death. While this may seem like a tricky line to navigate, it isn’t impossible to argue. A competent legal team can use evidence showing that the deceased was already ill or had a pre-existing condition that was the actual cause of their demise. By doing this, any driving misconduct can be presented as being irrelevant to the loss of life.

Acted Reasonably Under Sudden Emergency

If you can demonstrate that you experienced a sudden emergency while driving, a legal defense team can argue that this situational difficulty led to the accident. This defense is applicable whenever the driver faced a sudden, unexpected emergency, which caused them to lose control of the vehicle.

Legal trouble is a complicated scenario that can be stressful to navigate. However, seeking the help of professionals that understand the law can go a long way in resolving your situation in the possible manner.

Conclusion

The weight of facing charges regarding gross vehicular manslaughter can be incredibly daunting. Understanding the penalties, the possible defenses and reaching out for legal consultation are critical steps you can take to navigate the situation. With the proper legal advice and proper preparation, you can be assured of delivering a strong argument for your defense in court. Contact us today if you need assistance in managing your legal troubles.