VEHICULAR MANSLAUGHTER

Driving is a privilege; with it comes serious responsibility on your part towards others on the road. Accidents can and do happen that involve even the most well–intentioned, law–abiding citizens.  However, if your actions behind the wheel in Southern California are negligent or unlawful and result in someone’s death, you might find yourself facing a vehicular manslaughter charge.

These charges can be quite serious and result in long term, life–changing consequences.  If are arrested or charged with vehicular manslaughter in Santa Barbara or the surrounding area, it’s important to get a dedicated advocate in your corner as soon as possible.  Santa Barbara vehicular manslaughter attorney Christy Horowitz will use her experience as a former prosecutor to help you achieve the best possible results.  She’ll also provide compassionate representation during your stressful situation while still being proactive to resolve your case favorably.

ORDINARY VS. GROSS NEGLIGENCE

Two types of vehicular manslaughter exist in California: gross negligence and misdemeanor.  The elements of both crimes are the same except for one key difference – the level of negligence, which will be determined by the facts of your case.

To convict you of gross negligence vehicular manslaughter (usually a felony charge), it must be proven that:

• You committed a misdemeanor or infraction (which could include a traffic law violation) while driving, or otherwise that you committed a lawful act in a manner that might cause death
• The act was dangerous to human life
• The act was committed with gross negligence–this means you not only acted in a manner that would likely result in either death or great bodily injury, but you acted in a way that no reasonable person would have done due to its high level of disregard for human life, AND
• Someone’s death was the direct, natural and the probable result of your actions.

For example, if you intentionally ran a red light without checking the crosswalk, struck, and killed a pedestrian; you could be charged under the statute.  However, if you intentionally ran a red light, narrowly missed a pedestrian in the crosswalk, and they died of a sudden heart attack from the near miss, you’d likely be found not guilty because the death was not directly due to your actions.

In contrast, for a misdemeanor vehicular manslaughter charge, the prosecution would only have to prove you acted with ordinary negligence in addition to the other three elements to secure a conviction.  Essentially, this means you didn’t take reasonable care to prevent harm to someone else that was reasonably foreseeable.

VEHICULAR MANSLAUGHTER PENALTIES

Depending on the unique facts of your case, your level of negligence, your criminal history, and whether alcohol was involved; conviction may result in a wide range of penalties.  In California, the ability to determine whether to prosecute you for a misdemeanor or a felony charge is based on the above–listed factors.  This is known as a “wobbler” offense.

Felony vehicular manslaughter charges–those involving gross negligence–may result in:

• Up to 6 years in state prison
• Up to $10,000 in fines
• Formal/felony probation

Misdemeanor manslaughter convictions are punishable by:

• Up to a year in county jail
• Up to a $1,000 fine
• Summary/misdemeanor probation

Even though the legal consequences for conviction seem severe, additional punishments are common.  California’s Department of Motor Vehicles (DMV) will also revoke your driver’s license for no less than 3 years upon conviction for vehicular manslaughter – they make no distinction between felony or misdemeanor convictions.

DEFENSES

Involvement in an accident where someone dies causes a significant amount of trauma; facing vehicular manslaughter charges while moving through the grief process can be overwhelming.  Thankfully, there are defenses to the charges a dedicated attorney can raise to help your case resolve favorably.  Some of the most common legal defenses are lack of negligence or gross negligence, your negligence failing to cause the death, you weren’t driving or even reasonable actions on your part in the face of a sudden emergency.

WHEN VEHICULAR MANSLAUGHTER DOESN’T APPLY: FELONY MURDER AND INTOXICATION

In some situations, a driver may face enhanced charges with more severe consequences if their actions behind the wheel result in someone’s death. For example, California’s felony murder rule would apply if you killed someone while driving and simultaneously committing a felony – such as striking a pedestrian with your car while fleeing a bank robbery.  Depending on the degree charged, a conviction could result in no less than 15 years in prison up to the death penalty or life in prison.

If you were under the influence of alcohol or drugs when vehicular manslaughter occurred, you could be charged with either:

• Gross vehicular manslaughter while intoxicated
• Vehicular manslaughter while intoxicated

These are punishable by up to 10 and 4 years in state prison, respectively.  As with all vehicular manslaughter charges in Santa Barbara, it’s important to have an experienced criminal defense attorney to help you put your best foot forward and work towards the best possible outcome.