Los Angeles Vehicular Manslaughter Attorney

What Is the Minimum Sentence for Vehicular Manslaughter in California?

Receiving a misdemeanor charge for vehicular manslaughter is the lightest sentence you can receive in California. In the case of a misdemeanor charge, the court must have proved that your actions were the cause of death of another. What differentiates this from a felony charge is the severity of the negligent behavior. Typically, a misdemeanor charge means an individual acted neglectfully but more due to distraction or lack of awareness. These mistakes are more common issues, such as not seeing a stop sign or failing to see a bicyclist cross in front of you.

The minimum charge you can receive from an ordinary misdemeanor charge is probation, less than one year of jail time, and a fine of less than $1,000.

What Is the Maximum Sentence for Vehicular Manslaughter in California?

Receiving a felony charge for vehicular manslaughter is the maximum charge you can receive, but the penalties depend on the specific case. If you have received a felony charge for vehicular manslaughter, that means you have exhibited gross negligence — or negligence beyond something an individual could exhibit accidentally.

In felony cases where it is proven beyond doubt that the driver was under the influence, driving negligently due to financial gain, or has fled the scene of the accident, the charges will be much higher, possibly reaching maximum sentencing. These charges could incur up to 10 years in jail and $10,000 in fines.

How a Criminal Defense Attorney Can Help Your Case

Having a criminal defense attorney on your side can make a huge difference in the results of your case. Police officers only hold one side of the story, and it is the job of an experienced defense attorney to represent your unheard story with as much evidence as possible. Some ways that a criminal defense attorney can help represent your unique case are as follows.

1. DUI Charges - Police officers might try to make as many claims as possible to find you guilty, such as testifying to you being under the influence during the time of the accident. They may claim you exhibited signs of bloodshot eyes, slurred speech, and slow reaction time, but many of these symptoms can also be a result of sickness, allergies, or the trauma of the accident. Breathalyzers are not always accurate and do not always properly account for body weight and temperature. Additionally, field sobriety tests are often inconclusive when given to individuals who are physically or mentally disabled. A defense attorney can revisit these claims and evaluate if there was enough substantial evidence to prove without reasonable doubt that you were under the influence during the time of the accident.
2. Non-Negligent Actions - What constitutes a negligent action is often circumstantial and left up to the court to decide. Police officers may say an action is negligent when it is how most individuals might have reacted under the special circumstances of the case. To be proven guilty of vehicular manslaughter, the prosecutor must prove beyond reasonable doubt that the individual who was operating the vehicle at the time of the accident acted negligently, or not in a way the typical driver would react under the circumstances. A defense lawyer can delve deep into your case and compile evidence against the prosecution that your actions were reasonable in the specific circumstance and that they were the way anyone would most likely react in this same situation.
3. Cause of Death - To face vehicular manslaughter charges, the prosecution must find a direct causal link to your negligent actions being the cause of death of another person. This must be proven beyond a reasonable doubt. Even if the court can prove you were driving negligently when the accident occurred, there is still a chance that your actions were not the direct cause of death for the individual. A defense team would thus compile evidence showing that your negligent actions were not the natural and probable cause of death of the individual. They may even try to prove that another party was responsible for the person’s death instead. One way they may try to prove this is by gathering eyewitness accounts.
4. An Emergency Situation - Since California law only classifies negligent driving to be that of which an average, cautious driver would not portray under the same circumstances, emergency situations often walk the line between negligent and circumstantial. For example, if a driver swerves to avoid hitting a dog that has run out in front of them and instead hits a pedestrian, killing them in the process, this could be an example of negligence in an emergency situation. Although an individual still lost their life, most individuals may have reacted in a similar or negligent way if put in the same scenario. In these circumstances, your defense lawyer is going to compile sufficient evidence showcasing the nature of the emergency situation. They’ll present the information to the court to illustrate how it was only the common reflex response under emergency circumstances, rather than being something intentional.

The Law Office of Stein & Markus: Your California Vehicular Manslaughter Defense Team

Receiving a vehicular manslaughter charge can feel like a bomb drop. You may be worried about the future of your job, family, or home. At the Law Office of Stein & Markus, we understand that accidents happen. Sometimes, these accidents can affect your quality of life for years to come. That is why we work so diligently with each of our clients to lessen their sentences and reduce the amount of harm these mistakes can inflict on their lives.

With 75 years of combined experience, our lawyers have worked on both spectrums of defense and prosecution. We have complete knowledge of the court and how each case is treated depending on the unique factors. We take care to pay special attention to you as an individual and are ready to treat your case with the care and attention to detail it deserves.

Without the help of an experienced defense team, you face the brutality of the California justice system on your own. Prosecutors do not go easy on vehicular manslaughter charges, and the penalties can be severe and life-altering. With our help, we will do our best to reduce, acquit, or dismiss your charges, letting you get back to the life you knew before the tragedy occurred. Contact our team today!