Put simply, vehicular manslaughter refers to killing another person while driving. As is true in every state, it is a serious crime in California. If the driver was under the influence of drugs or alcohol at the time of the accident, they could be facing even harsher penalties. There are two types of manslaughter and whether or not a person is intoxicated could affect which one they are charged with.
If you have been charged with or accused of any type of manslaughter crime then you already know how serious this situation is. At Chambers Law Firm we cannot recommend strongly enough just how important it is to work with a criminal defense attorney who has experience with this specific crime. You can reach us at 714-760-4088 for a free legal consultation.
The Charge of and Consequences for Negligent Vehicular Manslaughter While Intoxicated
If the driver did not actively contribute to the crime, but acted carelessly, then they may be charged with negligent vehicular manslaughter. The court may decide that getting behind the wheel while intoxicated was extremely reckless but was no grossly negligent.
At this point, the prosecutor will decide if they want to charge the crime as a misdemeanor or a felony. Their decision will be based on the specifics of the case, the criminal background of the accused, and other factors. If charged with a misdemeanor, the maximum sentence is a year in county jail. Fines of up to $1,000 may also be levied.
On the other hand, when the charge is a felony the penalty goes up to as much as four years in state prison with potential fines of as much as $10,000. Three to six years of jail time can be added for each additional person was seriously injured in the accident.
Whether it is charged as a misdemeanor or a felony, it is likely that the defendant will lose their license and be required to attend substance abuse programs.
The Charge of and Consequences for Gross Vehicular Manslaughter While Intoxicated
This is a much more serious charge that is put forth in the event the defendant was actually extremely recklessly. For example, if they were speeding at 100 miles per hour, or driving the wrong way down the street, then they may be charged with gross vehicular manslaughter.
Gross vehicular manslaughter is always charged as a felony and punishment starts at a decade in state prison. However, if the person in question has a previous conviction for any type of vehicular manslaughter, or they have at least two DUI charges, they could be facing 15 years in prison. A conviction also come with fines of up to $10,000 and the loss of driving privileges.
As you can see, these are serious charges and they should not be taken lightly. Contact Chambers Law Firm at 714-760-4088 now to request a free legal consultation with an experienced criminal defense attorney.
