los angeles vehicular manslaughter attorney

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Strong Legal Representation for vehicular manslaughter Charges in California

Vehicular manslaughter charges in Los Angeles are filed when someone is killed in a traffic incident and prosecutors believe the driver’s conduct rose to the level of criminal negligence or was connected to alcohol or drug use. These cases are aggressively prosecuted even when the driver had no intention of harming anyone. The charges range from a misdemeanor to a felony carrying up to 10 years in state prison depending on whether gross negligence or intoxication was involved. If you have been charged with vehicular manslaughter contact our office immediately. At The Law Offices of Arash Hashemi our Los Angeles vehicular manslaughter attorney has spent over 20 years defending clients against vehicular manslaughter and serious felony charges throughout Los Angeles County. Call (310) 448-1529 or contact our office today for a free confidential consultation.

Does Vehicular Manslaughter Require Intent?

No. Vehicular manslaughter does not require any intent to harm or kill. It is charged when a person causes the death of another while driving through criminal negligence or while committing an unlawful act. The absence of intent is what distinguishes it from murder but it does not make it a minor charge.

What the prosecution focuses on instead of intent is the nature of the driving conduct. Was it grossly negligent? Was the driver under the influence? Did the driver run a red light, exceed the speed limit by a significant margin, or engage in some other unlawful act that created the conditions for the fatal collision? The prosecution does not need to prove you wanted anyone to die. They only need to prove that your conduct behind the wheel fell far enough below the standard of reasonable care that the law treats the resulting death as a criminal act.

This is why vehicular manslaughter cases are more complicated than they appear at first. The facts of the collision, the road conditions, the speed, visibility, the behavior of other drivers, and any pre-existing mechanical issues with the vehicle all become relevant. A charge that begins as a straightforward accident investigation can quickly escalate when law enforcement determines that alcohol, drugs, or a pattern of reckless driving was involved. Prosecutors in Los Angeles pursue these cases with the same resources and aggression they bring to intentional crimes and a conviction carries felony exposure, mandatory restitution, and permanent consequences that follow you for life.

criminal negligence or while committing an unlawful act. The absence of intent is what distinguishes it from murder but it does not make it a minor charge. Prosecutors in Los Angeles pursue vehicular manslaughter cases with the same resources and aggression they bring to intentional crimes and a conviction carries felony exposure and permanent consequences.

The Charges You May Be Facing — PC 192(c) and PC 191.5 Explained

California law covers vehicular manslaughter under two statutes depending on whether intoxication was involved:

PC 192(c) — Vehicular Manslaughter

Applies when a person causes the death of another while driving through gross negligence or through committing an unlawful act not amounting to a felony. Gross negligence means conduct that creates a high risk of death or great bodily injury that a reasonable person would recognize as dangerous. Without gross negligence the charge can be filed as ordinary negligence which is a misdemeanor. With gross negligence it is a wobbler carrying up to 6 years in state prison as a felony.

PC 191.5 — Gross Vehicular Manslaughter While Intoxicated

Applies when the driver was under the influence of alcohol or drugs and caused the death through gross negligence. This is always a felony carrying 4, 6, or 10 years in state prison. When the defendant had a prior DUI conviction prosecutors may escalate the charge to second-degree murder under the Watson murder doctrine on the basis that the defendant was warned during prior DUI proceedings that impaired driving could be treated as murder.

Watson Murder — Second-Degree Murder Escalation

When a defendant has a prior DUI conviction and signs the Watson admonishment — a standard warning that drunk driving can constitute murder — a subsequent DUI that causes death can be charged as second-degree murder under Penal Code 187 carrying 15 years to life in state prison. Understanding whether Watson murder applies in your case is one of the first things our firm analyzes at the outset of every DUI-related vehicular death case.

Vehicular Manslaughter Penalties in California

  • Misdemeanor vehicular manslaughter without gross negligence under PC 192(c): up to one year in county jail and fines up to $1,000
  • Felony vehicular manslaughter with gross negligence under PC 192(c): 2, 4, or 6 years in state prison and fines up to $10,000
  • Gross vehicular manslaughter while intoxicated under PC 191.5: 4, 6, or 10 years in state prison
  • Second-degree murder under the Watson doctrine: 15 years to life in state prison
  • All convictions carry mandatory restitution to the victim’s family and a permanent criminal record
  • A felony conviction results in loss of firearm rights and can have serious immigration consequences for non-citizens

Felony probation is sometimes available as an alternative to state prison for first-time offenders in cases without gross negligence or intoxication. Whether probation is available depends heavily on the specific facts and the judge’s evaluation of the circumstances. Our firm presents the strongest possible case for probation in every eligible case while simultaneously building the full defense.

How Our Vehicular Manslaughter Attorney Defends Your Case

Challenging Gross Negligence

The most critical distinction in most vehicular manslaughter cases is whether the driving conduct constituted gross negligence or ordinary negligence. Gross negligence is the line between a felony and a misdemeanor. Our firm works with independent accident reconstruction experts to analyze road conditions, vehicle speed, visibility, and every other factor relevant to the driving conduct and presents evidence that the defendant’s behavior did not rise to the gross negligence standard.

Causation Defense

The prosecution must prove the defendant’s conduct was the proximate cause of the victim’s death. When road conditions, another driver’s conduct, a vehicle defect, or the victim’s own actions contributed to the collision our firm presents independent forensic and medical evidence establishing that causation cannot be attributed solely to the defendant. A successful causation challenge can defeat the charge entirely.

Challenging Intoxication Evidence in DUI Cases

In cases involving alcohol or drug allegations our firm scrutinizes every aspect of the DUI investigation — the basis for the stop, the administration of field sobriety tests, the calibration and maintenance records of breath test equipment, and the chain of custody for blood samples. When the intoxication evidence cannot be reliably established the prosecution cannot support the PC 191.5 charge and the case must be analyzed under the lower PC 192(c) standard.

Blocking Watson Murder Escalation

When the prosecution attempts to elevate a vehicular manslaughter case to second-degree murder under the Watson doctrine our firm challenges whether the prior Watson admonishment was properly administered, whether the defendant had actual knowledge of the warning, and whether the totality of the circumstances justifies murder treatment. Successfully defeating a Watson murder elevation can mean the difference between a manageable felony sentence and 15 years to life.

Contact a Los Angeles Vehicular Manslaughter Attorney

A vehicular manslaughter charge in Los Angeles can result in years in state prison and a permanent felony record based on a tragic accident. With over 20 years of experience defending clients against vehicular manslaughter and serious felony charges throughout Los Angeles County Attorney Hashemi knows how to challenge the evidence, dispute the negligence standard, and fight every escalation the prosecution attempts. Contact our office today for a free confidential consultation.

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We are conveniently located in the Westside Towers serving clients facing vehicular manslaughter and related charges across Los Angeles, Beverly Hills, Santa Monica, the San Fernando Valley, Long Beach, and all surrounding communities. Your defense starts the moment you call.