San Diego Vehicular Manslaughter Lawyer
Vehicular manslaughter is a severe charge that can cause life-changing consequences for you and your family. You may never have intended or thought that your actions would cause the death of another. However, regardless of your intentions, California law carries severe penalties when another person’s life is lost due to negligence or wrongdoing.
Vehicular manslaughter can be charged in various ways, depending on the circumstances. You may be charged with a misdemeanor or a felony based on the severity of the offense and the facts of your case. Whether facing a misdemeanor or felony, the stigma of having killed someone while driving, especially when DUI related, can last a lifetime and create negative career, employment, social, and emotional consequences.
In such situations, you need a trustworthy legal representative to help give you the best possible defense. At The Law Offices of G. Cole Casey, our defense attorney has concentrated his practice on DUI-related charges for decades. His results, legal, technical, and scientific knowledge, and trial skills have earned him an impressive reputation for excellence in this field. His many awards and client testimonials reflect the quality of representation you can expect in his care.
Get a complimentary consultation with our San Diego vehicular manslaughter attorney. You can reach us for an appointment online or at (888) 412-6491
Vehicular Manslaughter Charges in California
California law has outlined several types of vehicular manslaughter, each with its own penalties.
- Misdemeanor Vehicular Manslaughter
- Gross Vehicular Manslaughter
- Insurance Fraud Vehicular Manslaughter
- Negligent Vehicular Manslaughter While Intoxicated
- Gross Vehicular Manslaughter While Intoxicated
Misdemeanor Vehicular Manslaughter
This falls under Penal Code section 192(c). It is charged when you cause the death of another through negligence, such as when committing a traffic violation. For example, you may have been speeding, running a red light, or engaged in reckless driving or road rage. You may also have caused the death in a “lawful act” that put human lives at risk. This charge is based on negligence that failed to show the duty of care that most reasonable people would exhibit under similar circumstances.
It is punishable by up to a year in jail and a fine of up to $1,000 as a misdemeanor.
Defending Against Vehicular Manslaughter Charges
Being charged with vehicular manslaughter is a serious matter that requires strong legal representation. At The Law Offices of G. Cole Casey, our experienced attorneys are dedicated to defending individuals facing vehicular manslaughter charges in San Diego, CA and the surrounding areas.
When you choose us to represent you, we will:
- Thoroughly investigate the circumstances surrounding the incident
- Review all available evidence, including police reports and witness statements
- Consult with accident reconstruction experts, if necessary, to challenge the prosecution's version of events
- Develop a strategic defense tailored to the unique details of your case
- Advocate for your rights and best interests throughout the legal process
Our goal is to achieve the best possible outcome for our clients, whether that be a reduced charge, dismissal of the case, or acquittal at trial. We understand the gravity of the situation and are committed to providing aggressive and effective representation to protect your rights and future.
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Gross Vehicular Manslaughter
This violates Penal Code section 192(c)(1). It could be charged as either a misdemeanor or a felony. It is differentiated from standard misdemeanor vehicular manslaughter because “gross” negligence was involved. This is a higher degree of negligence which consists in acting recklessly to the point of putting others at increased risk of injury or death. It is seen as having a disregard for the lives of others.
If it is charged as a misdemeanor, the penalties are the same as those for a standard misdemeanor vehicular manslaughter offense. If it is charged as a felony, it is punishable by two, four, or six years in state prison and/or a fine of up to $10,000. You also typically face a three-year license suspension.
Insurance Fraud Vehicular Manslaughter
This is also known as committing vehicular manslaughter for financial gain. It involves engaging in an intentional accident so that you can file an insurance claim. This is considered fraud.
It is generally prosecuted as a felony, punishable by four, six, or 10 years in state prison and/or up to $10,000 in fines. The DMV will also generally revoke your license for three years.
Negligent Vehicular Manslaughter While Intoxicated
This is a violation of Penal Code 191.5 and involves causing the death of another due to driving while under the influence of alcohol and/or drugs. It involves negligence but not to the degree of “gross” negligence.
This offense may be charged as a misdemeanor or a felony. As a misdemeanor, it carries up to a year in jail and a fine of up to $1,000. As a felony, it carries 16 months, two, or three years in prison.
Gross Vehicular Manslaughter While Intoxicated
This is similar to the above manslaughter while intoxicated, except that the negligence is considered gross as opposed to ordinary negligence.
It is punishable by four, six, or 10 years in prison. In cases where you have a prior vehicular manslaughter or DUI, the penalties can be increased to 15 years up to life in prison.
Choose The Law Offices of G. Cole Casey for Experience & Skill
When facing something as serious as vehicular manslaughter, our firm can provide the critical assistance you need. These cases involve complex laws and require the ability to challenge evidence, negotiate plea bargains to reduce charges or penalties, represent you in court, cross-examine witnesses, present compelling arguments, expose weaknesses in flawed cases, and tenaciously fight for you.
Attorney Casey is a proven DUI defender who has resolved thousands of cases, including the most complex, difficult, and high profile. He understands what is at stake for you and creates sophisticated and tailored strategies to help you achieve optimum results.
Call our firm at (888) 412-6491 for the help you need today. Serving the counties of San Diego, Orange, and Riverside.
I was not drunk. Can I be charged with DUI for smoking marijuana or taking prescription medications?If you were arrested for DUI but didn’t have alcohol in your system, you can still be charged with DUI. There are a number different charges associated with misdemeanor and felony DUI. You can be charged with an (f) count if you consumed any intoxicating drugs, regardless of whether they are illegal or prescription. But, if you were under the influence of both alcohol and drugs, then you can be charged with an (e) count for driving under the influence of drugs and alcohol.
Aren’t the police supposed to read me my Miranda rights?It seems like common sense that an officer must read you your Miranda rights. Although this is true in a situation where you are being interrogated, for purposes of DUI, you don’t have that same right. Many times an officer will ask you questions prior to administering field sobriety tests and placing you under arrest. These questions have been classified as “pre-investigatory” questions and are not subject to Miranda. Therefore, it is important you speak with an experience DUI Defense Firm to know whether or not the failure to read you your rights will affect your case.
I was involved in an accident and someone was injured. Will I be charged with a Felony?Maybe. You can be charged with Felony DUI whenever anyone other than yourself is injured. Even if the injuries were to a friend and their injuries are minor, you can still be charged with a felony. Penalties for a Felony DUI can be severe because your can face time in prison.