Folsom Vehicular Manslaughter Defense Lawyers

Charges Related to Vehicular Manslaughter

Because vehicular manslaughter often involves other negligent or unlawful actions, it’s possible to face additional charges at the same time. Common accompanying offenses include: 

• Vehicular Manslaughter While Intoxicated: Under California Penal Code §191.5,  this is a felony offense that involves driving under the influence of drugs or alcohol and engaging in an additional negligent act that results in another person being killed.
• Gross Vehicular Manslaughter While Intoxicated: Under Penal Code §191.5(a), this is a felony offense that involves driving while under the influence of drugs or alcohol and acting with gross negligence to cause an accident that kills another person.
• DUI Murder: This felony offense is prosecuted as murder rather than manslaughter. Under Penal Code §187, DUI murder involves killing another person while driving under the influence if you are a repeat DUI offender.

Elements of a Vehicular Manslaughter Conviction

If you’re facing vehicular manslaughter charges, the prosecution must prove two elements to convict you. These include: 

1. Negligent or Unlawful Driving

First, the prosecution must prove that you were driving the vehicle in a negligent manner. To constitute negligence, the prosecutor must show that you had a legal duty and breached that duty, resulting in the death of another. There are two types of negligence, including: 

1. Ordinary negligence: This refers to the failure to exercise the same care that a reasonable person would have taken in similar circumstances to avoid inflicting harm on others. For example, if you rear-ended another car, ordinary negligence may apply if you were speeding or following the vehicle too closely. 
2. Gross negligence: This type of negligence is more serious than ordinary negligence. Gross negligence, also described as “reckless” or “wanton” behavior in California, involves a conscious disregard for the safety of others. An example includes driving a car while intoxicated or texting and driving.

2. Causing the Death of Another Person

Next, the prosecution must prove that your negligent actions caused the death of another person. This can be difficult to prove, especially if there were intervening actions. For example, if you were texting and driving when another car illegally merged into you, killing another driver in the process, it can be challenging to prove that your texting and driving was the actual cause of death. 

What Are the Penalties for Vehicular Manslaughter?

The penalties for a vehicular manslaughter conviction will depend on various factors, such as whether the offense is a misdemeanor or a felony. Potential penalties include: 

1. Misdemeanor vehicular manslaughter: If you acted with ordinary negligence, you may face a misdemeanor conviction punishable by up to 1 year in jail. 
2. Felony vehicular manslaughter: On the other hand, if you acted with gross negligence, you may face a felony conviction punishable by up to 6 years in prison. 

Regardless of the type and severity of the charges against you, consulting with a trusted defense attorney is imperative to avoid lifelong consequences. Our highly skilled advocates can evaluate the unique circumstances of your case with a practiced legal eye and recommend an effective defense strategy to employ on your behalf. 

Additional Consequences for Vehicular Manslaughter

In addition to incarceration, a vehicular manslaughter conviction can lead to additional penalties. Potential consequences include: 

• Probation
• Community service
• Loss of firearm rights
• Loss of professional licenses
• Driver’s license suspension or revocation
• Difficulties securing affordable housing and employment
• Deportation or inadmissibility to the U.S. for non-citizens

What to Do if You Are Charged with Vehicular Manslaughter

Facing vehicular manslaughter charges can be overwhelming, confusing, and terrifying. While it’s normal to feel uncertain, knowing what steps to take after an arrest is essential to navigate the complexities of criminal court and seek the best possible outcome in your case. Below are some critical steps to take after an arrest for vehicular manslaughter: 

1. Seek legal representation immediately: If you were charged with vehicular manslaughter, it’s important to contact an attorney immediately. At Walsh Law, we can help you understand the charges against you, discuss your legal options, and defend against the consequences of a conviction.
2. Don’t speak to law enforcement without your lawyer present: Anything you say can be used against you in court. It's critical to avoid speaking with law enforcement until your lawyer is present for questioning.
3. Gather evidence: Your lawyer can help you collect evidence to support your case, such as photographs, videos, and eyewitness accounts.
4. Avoid discussing your case publicly: Refrain from speaking about your case with anyone other than your lawyer, including on social media, to avoid unintentional self-incrimination.
5. Comply with court orders and appearances: Your attorney can help you manage court appearances and other legal intricacies involved in your case. Be sure to attend all scheduled court appearances and comply with court orders. Failing to do so can negatively impact your case.
6. Follow your attorney’s legal guidance: Trust your lawyer’s expertise and follow their advice throughout the legal process to maximize your chance of obtaining a favorable outcome. 

How to Defend Against Vehicular Manslaughter in Folsom

Facing vehicular manslaughter charges can be a nightmare, but there are ways to avoid the harsh penalties of a conviction. Our attorneys can fight to drop or reduce the charges against you by establishing a strong defense on your behalf. Common defenses against vehicular manslaughter include: 

• You did not act with negligence or gross negligence: This defense argues that your actions did not constitute negligence, potentially leading to dropped or reduced charges. 
• Your actions did not cause the death: To convict you, the prosecution must prove your guilt beyond a reasonable doubt. If they cannot show that your actions directly resulted in the death, you may be able to avoid a conviction.
• You acted reasonably under the circumstances: Negligence means that you failed to act reasonably under the circumstances. If there was an emergency or other legitimate reason for your actions, this may be an effective defense to avoid a conviction.

Can I Face Vehicular Manslaughter Charges for Drinking & Driving? 

Yes, you can face vehicular manslaughter charges if you caused an accident that resulted in a death. This is typically considered gross negligence and may result in a felony conviction, making it essential to seek sound counsel as soon as possible. 

Aggressively Defending Your Rights in Folsom

Being thrust into the spotlight and blamed for another’s death is understandably frightening and overwhelming, and the last thing you need is additional stress. At Walsh Law, we understand that even good people make mistakes. That’s why our criminal defense attorneys are dedicated to guiding your legal steps wisely. Let us relieve some of the weight on your shoulders by providing reliable counsel when you need it most. From challenging inadmissible evidence to negotiating plea bargains, we can defend your rights while relentlessly fighting for the second chance you deserve.