Oakland Vehicular Manslaughter Attorney
Fighting Charges Under California Penal Code 192(c)
In California, vehicular manslaughter is a serious crime. It can be charged as either a misdemeanor or felony, with the most severe violations resulting in up to a decade in prison. If you have been charged with the offense, your life could be turned upside down upon a conviction. With a misdemeanor or felony on your criminal record, you can face several hurdles after completing your sentence. For instance, you might have trouble finding a job or qualifying for government benefits. Because the impacts are so significant, it is crucial that you fight your charge with the help of an attorney who fiercely defends their clients.
At Demetrius Costy Law, we genuinely care about helping the accused through their legal matters. Our vehicular manslaughter lawyer in Oakland delivers the personalized attention you need. From the beginning of your case, we will treat you with the respect and professionalism you deserve, listening to your side of the story and building a defense strategy tailored for you. At every stage of the criminal justice process, we will be by your side, ensuring that you understand what to expect and your legal options. We are ready to work hard toward obtaining a favorable outcome on your behalf, leveraging our skills as a stellar negotiator and litigator.
We are ready to zealously advocate on your behalf and give you a voice throughout your case. Schedule a free consultation with our Oakland vehicular manslaughter attorney by calling us at (510) 254-3945 or contacting us online today.
What Is Vehicular Manslaughter in California?
California Penal Code § 192(c) is the law concerning vehicular manslaughter. Generally, an individual commits a violation if, while driving, they cause the death of another person without malice or ill-intention. To cause someone else's death means that the death was the "direct, natural, and probable consequence" of the defendant's conduct.
California's vehicular manslaughter statute separates the crime into the following:
- Gross vehicular manslaughter
- Misdemeanor vehicular manslaughter
- Vehicular manslaughter for financial gain
We will discuss each in their own sections.
What Is Gross Vehicular Manslaughter in California?
This crime is one of the more serious vehicular manslaughter offenses in California.
It occurs when someone drove and:
- They committed a misdemeanor, infraction, or other unlawful act;
- They acted with gross negligence; and
- Their conduct was the cause of someone else's death.
An act is done with gross negligence if it shows a disregard for human life, puts others at a high risk of death, and a reasonable person would have known that the conduct would have such a result. The behavior goes far beyond how a reasonably careful person would have acted under similar circumstances.
Our vehicular manslaughter lawyer in Oakland recognizes how serious a charge under California Penal Code 192(c)(1) is. That is why we will work relentlessly to defend you.
What Is Misdemeanor Vehicular Manslaughter in California?
Misdemeanor vehicular manslaughter is a lesser offense than gross vehicular manslaughter. The elements are similar in that the crime occurs when someone causes another's death while driving and committing an offense other than a felony.
However, misdemeanor vehicular manslaughter is different in that it is committed with ordinary, as opposed to gross, negligence. Ordinary negligence is defined as acting without reasonable care to prevent harm to others. It can involve doing something or failing to do something a reasonable person would or would not have done under similar circumstances.
Although misdemeanor vehicular manslaughter is not considered as severe as gross vehicular manslaughter, it is still essential to take your charge seriously. At Demetrius Costy Law, our commitment to your case will not waver and we will fight for you throughout.
What Is Vehicular Manslaughter for Financial Gain in California?
Vehicular manslaughter for financial gain is the most severe offense under California Penal Code § 192(c), as it carries the harshest penalties.
The elements of the crime include:
- Knowingly causing an accident,
- Doing so to submit a false or fraudulent insurance claim,
- Causing the death of someone else because of the purposeful collision
If you have been charged with this offense, get started on your defense right away. Working to cast doubt on the prosecutor's case requires an extensive investigation of the accident. Our Oakland vehicular manslaughter attorney is ready to provide the legal counsel you need.
What Are the Sentences for Vehicular Manslaughter in California?
The conviction penalties for vehicular manslaughter vary depending on the subsection of the law under which the defendant is prosecuted.
Potential punishments include the following:
Gross vehicular manslaughter:
- Up to 1 year in county jail; or
- 2, 4, or 6 years in prison
Misdemeanor vehicular manslaughter:
- Up to 1 year in county jail
Vehicular manslaughter for financial gain:
- 4, 6, or 10 years in prison
Any term of incarceration or amount of fine can wreak havoc on your life. To seek to minimize or avoid penalties, work with a skilled criminal defense attorney. Speak with Demetrius Costy Law about your case today.
Contact Us to Begin Defending Against Vehicular Manslaughter Charges
If you are accused of a crime, you are innocent until proven guilty, but it might not feel that way when going through the criminal justice system. When you hire our Oakland vehicular manslaughter lawyer, you can be confident that you will have an advocate on your side standing up for you and protecting your rights.