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Vehicular Manslaughter in LA
Violation of California Penal Code section 192 (vehicular manslaughter) can be charged as either a misdemeanor or felony offense, depending on the facts and circumstances surrounding the individual case and prior criminal history of the offender. These facts and circumstances will largely determine the type and severity of punishment and sentencing an individual will receive in California. The DMV reserves the right to suspend an individual’s license (typically for up to one year, though independent circumstances may determine the length) any time an individual is convicted of vehicular manslaughter, under California Vehicle Code Section 13361(c).
Punishment for Vehicular Manslaughter With Gross Negligence
Misdemeanor vehicular manslaughter is defined as being committed with gross negligence without the driver being under the influence of drugs or alcohol. It is punishable by up to a one year term in county jail. In more serious cases (felony vehicular manslaughter), the punishment may call for a term of two, four, or six years in state prison.
This same offense, if committed without gross negligence and also without the presence of drugs or alcohol, can result in punishment of up to one year in county jail.
However, if vehicular manslaughter is committed with gross negligence with drugs and/or alcohol also present, the punishment may result in a sentence of up to four, six, or 10 years in state prison, even for first time offenders.
Punishment for Vehicular Manslaughter while Driving Under the Influence
If the driver was under the influence of drugs and/or alcohol but the government is unable to prove gross negligence, the vehicular manslaughter conviction may be punishable by up to one year in county jail or up to 16 months, four years, or six years in state prison.
A conviction for vehicular manslaughter may be treated as a felony drunk driving charge any time there is the presence of drugs and/or alcohol. The individual may face dire consequences if they are subsequently arrested for drunk driving.
An individual charged with gross vehicular manslaughter while under the influence of drugs and/or alcohol and who has been convicted of the same offense or of driving while under the influence, could face up to 15 years in state prison.
Additional factors that can effect the type of punishment for Vehicular Manslaughter convictions include:
Our Experienced and Knowledgeable Criminal Defense Lawyers Can Help You!
As we have laid out, the results of a vehicular manslaughter conviction can make a disastrous impact on your life. If you are facing a vehicular manslaughter charge, you need to contact a reputable and skillful criminal defense attorney now. At our firm, our team of compassionate and knowledgeable lawyers have years of experience helping people just like you. We can help you understand the options available to you at any stage in the proceedings, as well as help you find a solution to your legal problems, no matter how serious the case may be. Let our Los Angeles vehicular manslaughter attorneys work to deliver you the best results possible. Contact our firm today to set up your free consultation.