If you have witnessed vehicular manslaughter, you probably have many questions about the legal process and your rights going forward. In this post, we will share everything you need to know about vehicular manslaughter law in California. We will also discuss the potential consequences of a conviction for a charge of this severity.

What is Vehicular Manslaughter?

Vehicular Manslaughter is also known as death by vehicle. The most common causes behind vehicular homicides include illegal driving of a vehicle, texting when driving, driving under the influence of alcohol or drugs, speeding, gross negligence, reckless driving, not obeying a traffic signal, and many others.

Vehicular Manslaughter in California

If you or a loved one is facing the charge of vehicular manslaughter in California,  it is important to understand the serious implications and everything that comes with this crime. Vehicular manslaughter is a critical and complex crime to process, which under the law is considered a pre-meditated murder. 
In simple words, vehicular manslaughter is a crime where the driver of a car or vehicle kills another human being without intent, malice, or pre-meditation. Therefore, the accusation or conviction varies depending on the case and not being considered real manslaughter or murder.

Vehicular Manslaughter California Penal Code 192(C)

California Penal Code section 192(c) defines vehicular manslaughter as driving a vehicle in a negligent way which leads to the unlawful killing of a person. The sentence and the punishment for vehicular manslaughter or murder in California are often severe.

To convict someone of vehicular murder, the prosecution must prove that the following are true:

• When driving a car, you have committed a misdemeanor, violation, or any other lawful act in an unlawful manner
• The infraction, misdemeanor, or any lawful act that was a danger to human life in the context of its commission
• You were guilty of a misdemeanor or infraction, or otherwise lawful act through ordinary negligence
• A misdemeanor, violation, or other lawful act resulted in the death of a different person

In most cases, vehicular manslaughter involves collisions between vehicles that result in the driver or passenger of the struck vehicle suffering injuries related to the collision. You could also be guilty of this crime if a passenger in your vehicle died because of reckless conduct. The most important elements that the prosecution must prove are whether you were in the vehicle when the accident happened and the extent to which your conduct is criminally negligent.

Under California Penal Code section 192 PC, this crime is categorized as follows:

1. Voluntary Manslaughter: Depending on the case, it is likely to be considered murder under the law. It may not be premeditated but may occur suddenly and intentionally, known to happen in the "heat of passion", such as in a fight or any kind of dispute.
2. Involuntary Manslaughter: This is identified as an unintentional killing. It results either from criminal negligence or part of a minor criminal act such as a misdemeanor, likely due to a lack of caution.
3. Vehicular Manslaughter: This offense has additional parameters under California law. Several factors are considered such as the available evidence and applicable punishments, and the type of vehicular manslaughter committed.

Intentional Conduct vs Negligent Conduct

Penal Code 187 PC murder is the charge for anyone who uses their vehicle to strike another vehicle or pedestrian. The fact that a vehicle was used does not affect the calculation as opposed to any other deadly or dangerous weapon.

Contrarily, conduct that is purely accidental means the defendant was driving lawfully, and an accident just occurred leading to someone's passing, and is not manslaughter and may not even be criminal.

Negligent conduct is in the middle category which includes:

• Conduct the defendant knew about, or;
• Should have known that it was a dangerous action; but,
• Does not go beyond the point of intending harm.

This category of negligent conduct can be further divided into ordinary negligence and gross negligence. Gross negligence is more severe.

Ordinary Negligence vs Gross Negligence

California law states that a vehicle driver can act with ordinary negligence if they are:

• Careless,
• Inattentive,
• Committing an error of judgment

On the other hand, gross negligence is more severe than ordinary negligence and is reckless enough to cause a high probability of death or great bodily harm.

A driver who engages in other felonious conduct is most likely engaged in grossly negligent conduct. Conduct that could be considered a traffic offense, such as speeding and changing lanes without signaling, would likely be considered ordinary negligent behavior.

What are the Penalties for PC 192(C) Vehicular Manslaughter?

In prosecutions under Penal Code Section 192 (c), the distinction between gross and ordinary negligence is crucial because it determines whether a vehicular murderer will be charged with a misdemeanor or a felony.

Referred to as a "wobbler" under California law, vehicular manslaughter can be filed as either a misdemeanor or a felony by the prosecuting agency.

If the defendant acted with ordinary negligence, Penal Code 192(c) PC always makes the defendant guilty of a misdemeanor that is punishable by:

• Maximum of one year in county jail
• Fine of up to $1,000

A grossly negligent defendant, on the other hand, can be charged with a misdemeanor or a felony at the prosecutor's discretion.

If they elect to file a misdemeanor charge, the maximum sentence is one year in county jail.

A felony PC192 (c) vehicle manslaughter filing can result in:

• Two, four, or six-year sentences in a California state prison
• Fine of up to $10,000
• Felony conviction can also have collateral consequences, including the loss of firearm rights.

How Can I Fight Vehicular Manslaughter Charges?

Los Angeles criminal defense lawyers can help you reduce or dismiss charges for Penal Code 192(c) vehicular manslaughter, including:

• You weren't negligent;
• Your negligence wasn't the cause of death;
• You weren't the driver of this vehicle.

It is possible to argue that you did not act with gross or ordinary negligence when driving your vehicle. The details of the accident must be carefully examined.

Your lawyer may challenge the prosecutor's evidence and show them that they cannot prove that your negligence caused the victim's death. An accident reconstruction expert witness may be used if necessary.

Vehicular manslaughter is not a new offense, but it can still be difficult to understand. It covers most cases of criminally negligent homicide, but not all. If you have been charged with vehicular manslaughter, then a California criminal defense lawyer could help you build your case.