Vehicular manslaughter can be rather tricky for a number of different reasons. First, because all cases involve the loss of life it is easy to understand that emotions run very high. Second, families and friends of the deceased can often put a lot of pressure on law enforcement and the judicial system to find answers for their great loss. Finally, because the crime can be charged as both a felony and a misdemeanor their is often a grey area between the two.
Needless to say, the complexity of these issues and the vehicular manslaughter law itself requires the attention of criminal attorneys. The RepresentYou.com panel of attorneys includes a number of criminal attorneys with unique knowledge of the vehicular manslaughter laws and years of experience defending cases. Please do not hesitate to call 24 hours a day, 7 days a week.
Vehicular Manslaughter Not Involving Drugs or Alcohol Penal Code
192. Manslaughter is the unlawful killing of a human being without malice. It is of three kinds:
(1) Except as provided in subdivision (a) of Section 191.5, driving a vehicle in the commission of an unlawful act, not amounting to felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.
(2) Driving a vehicle in the commission of an unlawful act, not amounting to felony, but without gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, but without gross negligence.
(3) Driving a vehicle in connection with a violation of paragraph (3) of subdivision (a) of Section 550, where the vehicular collision or vehicular accident was knowingly caused for financial gain and proximately resulted in the death of any person. This provision shall not be construed to prevent prosecution of a defendant for the crime of murder.
This section shall not be construed as making any homicide in the driving of a vehicle punishable that is not a proximate result of the commission of an unlawful act, not amounting to felony, or of the commission of a lawful act which might produce death, in an unlawful manner.
“Gross negligence,” as used in this section, shall not be construed as prohibiting or precluding a charge of murder under Section 188 upon facts exhibiting wantonness and a conscious disregard for life to support a finding of implied malice, or upon facts showing malice, consistent with the holding of the California Supreme Court in People v. Watson, 30 Cal. 3d 290.
What is Vehicular Manslaughter Not Involving Drugs or Alcohol?
As the title explains, this particular vehicular manslaughter penal code refers to any form of illegal driving that does not include a controlled substance. Some of the most common reasons for a vehicular manslaughter not involving drugs or alcohol are listed below:
- Driving in an unlawful way
- Driving in a lawful but deliberately harmful way
- Knowingly causing an accident for financial gain or any other reason
Common Punishments for Vehicular Manslaughter Not Involving Drugs and Alcohol
This particular type of vehicular manslaughter can be prosecuted as either a misdemeanor or a felony depending on the specific circumstances of the incident. The decision is ultimately up to the district attorney and are usually based on the following things:
- Circumstances of the accident
- Facts of the case
- Drivers Criminal History
If charged with a misdemeanor one could face up to one year in county jail. If convicted of felony vehicular manslaughter a driver could face anywhere from two to ten years in state prison.
Vehicular Manslaughter Lawyer
There are many different types of vehicular manslaughter, including but not limited to, gross vehicular manslaughter, vehicular manslaughter while intoxicated, and vehicular manslaughter not involving drugs or alcohol. At first glance, the crime that does not involve drugs or alcohol seems to be much less serious but this is not always the case. While each specific case is different and warrants a complete investigation a conviction for vehicular manslaughter not involving drugs or alcohol can be very serious and even life changing. For this reason alone, it is almost always worth it to enlist the help of an experienced attorney if facing such charges.
If you or someone you know is being charged with vehicular manslaughter RepresentYou.com may be able to help. Our panel of criminal attorneys includes a number of lawyers with years of experience building defenses against unwarranted vehicular manslaughter charges. At RepresentYou.com, we understand that vehicular manslaughter cases can be touchy and will work with the utmost professionalism and confidentiality.