Orange County Vehicular Manslaughter Attorney
Vehicular manslaughter is one of the most serious crimes you can face because it involves the loss of human life. The potential penalties for a conviction of this offense are grave, including those that are criminal and collateral.
A conviction can lead to incarceration, heavy fines, reputational damage, and a permanent criminal record. Your criminal record can jeopardize future employment, housing, professional licenses, immigration status, and gun rights.
To fight back, you need the knowledgeable services of an attorney experienced in criminal defense in your area. At the Law Offices of Virginia L. Landry, Inc., you can work with a 34 +-year legal veteran who has focused her career on DUI-related offenses and is a skilled and respected defense litigator in the California courts. Board Certification in DUI Defense Law is an honor Virginia Landry has received and it makes a difference for her clients. Recognized for her intellect, reputation, trials, motions and ethics, Virginia Landry is the go to attorney for those needing results.
Arrange for your free case evaluation with our Orange County vehicular manslaughter lawyer. You can reach us via our contact form or at (949) 694-8804.
What is Vehicular Manslaughter in California?
Under California law, vehicular manslaughter is defined as causing the death of another person due to negligent or unlawful driving. This charge can be escalated to vehicular manslaughter while intoxicated if you were under the influence of drugs or alcohol at the time of the incident. These crimes fall under California Penal Code 192 (c).
The severity of the charges and penalties levied in a vehicular manslaughter case often hinge on three key factors: The degree of negligence involved, whether the driver was intoxicated, and the driver's prior criminal record. Each factor carries different implications under the law.
Degree of Negligence
Negligence and gross negligence represent different degrees of carelessness in the legal context. The distinction between the two can significantly impact the charges and potential penalties in vehicular manslaughter cases.
Negligence refers to a failure to exercise the level of care that a reasonable person would have exercised in similar circumstances. It involves an unintentional lapse in attention or care. For example, if a driver momentarily takes their eyes off the road and accidentally hits a pedestrian, they may be considered negligent.
On the other hand, gross negligence involves a more severe degree of carelessness. It refers to a reckless disregard for the safety or lives of others and typically consists of an action that the person knew or should have known carried significant risks. For instance, if a driver chooses to drive at excessive speeds in a school zone, knowing the threat it poses to children, they could be accused of gross negligence.
In vehicular manslaughter, the difference between negligence and gross negligence is crucial. If you cause the death of another due to negligent driving but do not display a reckless disregard for others’ safety, you may be charged with misdemeanor vehicular manslaughter. This is often referred to as vehicular manslaughter due to ordinary negligence.
However, if you cause the death of another person due to your driving while displaying reckless disregard for others, you may be charged with felony vehicular manslaughter. This is often referred to as vehicular manslaughter due to gross negligence.
The difference between misdemeanor and felony charges can be substantial in terms of penalties involving imprisonment, fines, and more.
At Law Offices of Virginia L. Landry, Inc., your satisfaction is our priority! See for yourself what our clients have to say about working with us.
Best DUI attorney in Orange County. She far exceeded my expectations. You can tell she cares about her clients. She’s strategic and relentless. If you want the best results possible, retain Virginia Landry.- Google Reviewer
My case was dismissed DUI, due to her help. I sincerely appreciate it. My case is finally over now. If you have any concerns or cases, and you need help but can't find a trusted lawyer, I highly recommend hiring Virginia. She was very detailed and meticulous on how she handled my case and I couldn't be any happier with the outcome!! She is an excellent lawyer! Do not hesitate to contact her, and again I really appreciate her help!- Bella L.
WOW!!!!! Virginia Landry is an absolute professional who knows what she's talking about. But she doesn't just talk, she is ALL ACTION. I was quite nervous as she was a referral and I'll have to say I'm so glad I was referred. Absolutely incredible and worth every penny spent. Her compassion is beyond my understanding, especially in these times. I can't say enough other than HIRE HER NOW!!! You will NOT be disappointed. A+++++++++- S.D.
Vehicular manslaughter while intoxicated is treated more severely under California law. It is governed by Penal Code 191.5 PC and is defined as unlawfully killing another when driving while intoxicated with or without gross negligence.
If you are convicted of this offense without gross negligence, you may be charged with either a misdemeanor or a felony, depending on the circumstances. Penalties can include up to a year in county jail and a fine of up to $1,000 or state prison time of 16 months, two or three years.
Convictions with gross negligence are felonies punishable by four, six, or 10 years in prison.
Prior Criminal Record
Your prior criminal record can also significantly impact the charges and penalties in a vehicular manslaughter case. Previous convictions can lead to longer prison sentences and more significant fines.
Turn to the Law Offices of Virginia L. Landry for Experienced Representation
When charged with vehicular manslaughter, having an experienced attorney who understands the California Penal Code is crucial. Our attorney is skilled in evaluating evidence, identifying weaknesses in the prosecutor's case, and presenting a solid defense on your behalf.
We can thoroughly investigate your case, including the degree of negligence involved, whether intoxication was a factor, and the impact of your prior criminal record, if applicable. Our goal is to seek the best possible outcome for you, whether that means negotiating a plea deal, seeking a reduction in charges, or fighting for you in court.
Ready to get started? Contact us at (949) 694-8804 today.