What Are the Types of Vehicular Manslaughter?

Under California criminal law, there are four different types of vehicular manslaughter. If you are arrested for killing somebody with your vehicle, the degree of your negligence, your purpose, and whether you were under the influence at the time will determine the type of charge you face.

The Two Types of Standard Vehicular Manslaughter

To prove you were guilty of vehicular manslaughter, a California prosecutor must prove that, while driving a car, you:

• Took a negligent action that was a misdemeanor, traffic infraction, or a lawful act committed unlawfully.
• Your action endangered human life and resulted in the death of another human.

The negligent action that causes a deadly accident may be a traffic violation (such as speeding, texting while driving, or running a stop sign) or a misdemeanor criminal offense. However, if the action that causes a fatal collision is a felony, you could be charged with murder instead of vehicular manslaughter. In California, causing the death of another while committing a felony is a particular crime called felony-murder.

There are two levels of standard vehicular manslaughter:

• Misdemeanor vehicular manslaughter
• Vehicular manslaughter with gross negligence

The difference between these two levels of charge is whether your negligent action was gross negligence or ordinary negligence. Gross negligence means your actions recklessly created a higher risk of either death or significant bodily injury, and a reasonable person would know their activities were risky. Ordinary negligence only requires you to conduct yourself in a way that fails to prevent reasonably foreseeable harm.

Vehicular Manslaughter for Financial Gain

The third particular subset of vehicular manslaughter is a crime only if you cause someone else’s death while attempting to commit insurance fraud. By deliberately crashing your car, you may hope to profit from an insurance claim. If this action results in someone else’s death, you are guilty of vehicular manslaughter for financial gain.

Gross Vehicular Manslaughter While Intoxicated

The fourth different type of vehicular manslaughter specifically addresses intoxicated drivers. There has to be a grossly negligent act beyond driving while intoxicated to be convicted under this law. Like other types of vehicular manslaughter, this negligent action could be a misdemeanor, infraction, or a lawful act committed unlawfully.

To be guilty of gross vehicular manslaughter while intoxicated, you must be under the influence of drugs or driving with a blood alcohol concentration greater than 0.08 if you’re an adult or 0.05 if you are under 21.

Punishments for Types Vehicular Manslaughter in California

Both gross vehicular manslaughter while intoxicated and vehicular manslaughter for financial gain are always felonies. Both crimes can be punished by 4, 6, or 10 years in state prison, along with fines and probation. The different lengths of imprisonment are determined by your case’s specific facts and whether you have a prior criminal record.

Ordinary vehicular manslaughter is always a misdemeanor with a maximum sentence of one year in county jail, a $1,000 fine, and misdemeanor probation.

Vehicular manslaughter with gross negligence is a “wobbler” in California, meaning a prosecutor can charge you with either a misdemeanor or a felony. The charge level will typically be based on your accident’s circumstances and whether you have a criminal history. If charged as a misdemeanor, a conviction can lead to up to a year in county jail, while a felony charge carries a state prison term of 2, 4, or 6 years.

If you have been arrested for any type of vehicular manslaughter in Santa Ana, California, a skilled criminal defense attorney can help you secure a lower sentence, a reduced charge, or an acquittal. The Chambers Law Firm has years of experience defending Californians charged with all kinds of criminal offenses. Reach out to The Chambers Law Firm at 714-760-4088 or dchambers@clfca.com to request a free case evaluation with a member of our skilled legal team.