Vehicular Manslaughter Defense Lawyers in Los Angeles

Los Angeles Attorneys Defend Against Vehicular Manslaughter Charges

People die in automobile accidents every day. This is a natural consequence of having thousands of people traveling in cars at high speeds. But when a driver’s negligence directly results in the death of another person, that driver may be charged with vehicular manslaughter.

Even if the negligent act that leads to another person’s death is unintentional, vehicular manslaughter is still a serious crime. You may be facing considerable jail time if convicted of vehicular manslaughter, particularly if the prosecutor is able to prove that you were acting with “gross negligence” when the accident occurred.

It is crucial to find the right defense attorney if you are being investigated for vehicular manslaughter. You don’t want to make any statements to the police or the DA about the accident without having a lawyer present because your comments could be used against you in ways you might not anticipate.

At Werksman Jackson & Quinn LLP, our experienced Los Angeles vehicular manslaughter defense attorneys will investigate the charges against you and develop a robust strategy to protect your freedom. Call us at (213) 688-0460 to schedule a free case evaluation.

Is Vehicular Manslaughter Considered a Misdemeanor or Felony?

Vehicular manslaughter occurs when someone directly causes the death of a human being by driving recklessly or carelessly. “Recklessly” and “negligent” are very subjective terms, and that’s why it’s so important to find an experienced Los Angeles criminal defense lawyer to be on your side.

Negligence is often defined in these cases as being under the influence of drugs or alcohol. And recklessness may include speeding, running a red light, or violating some other traffic law.

Vehicular manslaughter may be prosecuted as a misdemeanor or a felony. Three factors that prosecutors consider when deciding whether to charge a defendant with misdemeanor or felony vehicular manslaughter are:

• Degree of negligence — ordinary negligence or gross negligence
• Was the driver intoxicated
• The driver’s criminal record

Penalties in Los Angeles for Vehicular Manslaughter

Penalties for misdemeanor vehicular manslaughter include:

• Probation
• Up to 1 year in jail
• A maximum fine of $1,000

• Probation
• Up to 6 years in prison
• A maximum fine of $10,000

If an accident that results in another person’s death was deliberately caused for financial gain, such as to defraud an insurance company, the maximum possible prison term increases to 10 years.

There are cases where prosecutors may charge someone who is involved in an automobile accident with murder. If so, the defendant could be facing between 15 years and life in prison. Murder charges may be brought when the driver:

• Is a repeat DUI offender
• Was committing a felony when the accident occurred

Understanding Differences Between Vehicular Manslaughter and Other Charges

Involuntary manslaughter and vehicular manslaughter are both serious charges, but they differ in significant ways. Involuntary manslaughter generally refers to unintentional killing due to reckless or negligent actions without a vehicle being involved. This can include mishandling a firearm or failing to properly secure a hazardous area. Vehicular manslaughter, on the other hand, specifically involves the use of a vehicle.

One of the primary distinctions between reckless driving and vehicular manslaughter lies in the concepts of intent and negligence. Reckless driving is characterized by a willful disregard for safety, meaning the driver intentionally engages in dangerous behavior while fully aware of the potential risks. The driver’s actions are deliberate, reflecting a conscious choice to disregard traffic laws and endanger others.

In contrast to reckless driving, vehicular manslaughter is rooted in negligence, where the driver may not have intended to cause harm but failed to exercise reasonable care. This negligence can be gross, involving an extreme lack of attention or caution, or ordinary, reflecting a failure to act as a reasonably prudent person would under similar circumstances.

Role of Alcohol and Drug Influence in Vehicular Manslaughter Cases

Driving under the influence (DUI) or driving while intoxicated (DWI) exacerbates the severity of vehicular manslaughter charges. When a fatal accident occurs, and the driver is found to be under the influence of drugs or alcohol, the charges can escalate from vehicular manslaughter to gross vehicular manslaughter while intoxicated.

The presence of intoxicants demonstrates a higher degree of negligence, and it also indicates a blatant disregard for the safety of others. DUI/DWI-related vehicular manslaughter often results in a felony charge, which carries long-term consequences like the loss of certain civil rights and difficulties in securing employment.

Impact of Speeding and Traffic Violations in Cases of Vehicular Manslaughter

Speeding impacts the severity of vehicular manslaughter charges. When an accident resulting in a fatality occurs, and the driver is found speeding, the charges may reflect the driver’s perceived recklessness and disregard for safety.

Various traffic violations can lead to vehicular manslaughter charges if they result in a fatal accident. These violations include but are not limited to running red lights, failing to yield the right of way, and improper lane changes. Each action demonstrates a disregard for traffic laws and public safety, which can be construed as negligent or reckless behavior.

Legal Defenses Against Los Angeles Vehicular Manslaughter

There are many plausible arguments that your criminal defense attorney may use to defend you against charges of vehicular manslaughter, including:

• You weren’t operating the vehicle at the time of the accident
• You made a quick decision, such as swerving to avoid an object
• The prosecution doesn’t have sufficient evidence to prove their case
• Your actions did not cause the other person’s death
• You were responding to an emergency situation
• You were the victim of a faulty BAC test
• Your behavior wasn’t negligent
• Police mishandled evidence

Factors That Affect Sentencing in Los Angeles

Mitigating factors can help reduce the severity of the penalties imposed. A clean criminal record can suggest that the incident was an isolated event, potentially leading to a more lenient sentence. Expressing genuine remorse can also play a critical role because it shows the court that the defendant acknowledges the gravity of their actions and is taking responsibility. Cooperation with law enforcement during the investigation indicates a willingness to make amends and abide by legal protocols. Additional mitigating factors may include any extenuating circumstances that contributed to the incident, such as adverse weather conditions or mechanical failures.

In contrast to mitigating factors, courts often view a defendant’s past behavior as indicative of their overall character and propensity for future misconduct. A history of similar offenses, such as previous DUI convictions or reckless driving charges, can lead to harsher penalties. Repeat offenders are generally subject to more severe consequences, including longer prison sentences, higher fines, and extended periods of probation or parole.

Investigating Your Accident

To prevail in a vehicular manslaughter case, prosecutors must prove that you directly caused the death of another person and that their death was the natural and probable result of your actions.

Your lawyer will work on your behalf to reduce the charges or get them dropped altogether. They will start by investigating the incident and reviewing the following types of evidence:

• Video and photos of the accident
• Witness statements
• Police reports
• Accident scene recreations
• Expert witness testimony

The Legal Process for Vehicular Manslaughter Cases

The legal process for vehicular manslaughter cases typically begins with an arrest. The defendant is taken into custody and may be required to post bail to secure release pending trial. The next step is the arraignment, where the defendant is formally charged and enters a plea of guilty, not guilty, or no contest.

Following the arraignment, the discovery phase begins. During this stage, the defense and prosecution gather evidence, interview witnesses, and build their respective cases. Pre-trial motions may also be filed by either side to address various legal issues, such as the admissibility of evidence. A plea agreement may be reached at this point. Otherwise, the case will proceed to trial.

At trial, both sides present their arguments, call witnesses, and cross-examine each other’s witnesses. The trial concludes with closing arguments, after which the jury deliberates and renders a verdict. If convicted, the defendant will then face sentencing, where the judge will determine the appropriate penalties based on the specifics of the case.

Call Our Los Angeles Lawyers to Help With Vehicular Manslaughter Investigation

At Werksman Jackson & Quinn LLP, we know what it takes to win. Our skilled Los Angeles DUI defense attorneys will investigate the circumstances of your accident and fight to ensure the best possible outcome.

If you are under investigation for any type of criminal charges in Los Angeles, call Werksman Jackson & Quinn LLP at (213) 688-0460 to schedule a free case evaluation.