Northern California, Vehicular Manslaughter Defense Attorney
Vehicular manslaughter is purely a statutory creation. California Penal Code § 192(b) specifically exempts acts committed in the driving of a vehicle from the scheme of the general involuntary manslaughter statutes.
Generally, no death involving a vehicle is criminal unless it is the proximate result of either the commission of an unlawful act not amounting to a felony or the commission of a lawful act which might produce death when the act is performed in an unlawful manner.
Gross vehicular manslaughter while intoxicated is the killing of a human being while driving under the influence of alcohol, drugs or the combined influence of both alcohol and drugs. Gross vehicular manslaughter while intoxicated is a felony and is punishable by imprisonment in the state prison for four, six or 10 years.
Gross vehicular manslaughter without intoxication is the driving a vehicle in the commission of an unlawful act, including a traffic violation, or the driving a vehicle in the commission of a lawful act, which might produce death, in an unlawful manner. Gross vehicular manslaughter is a wobbler and can be charged as either a felony or a misdemeanor. The possible sentence for a felony conviction is two, four or six years in state prison. If there is a misdemeanor conviction the maximum punishment is one year in the county jail.
Vehicular manslaughter without gross negligence is the 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. Vehicular manslaughter is a misdemeanor punishable with up to one year in the county jail.
Contact The Sierra Law Center, APC
No matter the circumstances surrounding your vehicular manslaughter case it is important you seek the legal advice of a competent, experienced criminal defense attorney. Contact attorney Jacob Zamora to set up a free initial consultation by calling 530-798-3548 or filling out the online contact form.