Los Angeles Vehicular Manslaughter Defense Attorney

Last Modified: October 18, 2024
Los Angeles vehicular manslaughter defense attorney

Vehicular manslaughter is a crime that involves the death of another person or a person other than the driver due to the illegal driving of a car, which can include negligent, reckless, or intentional driving. A vehicular manslaughter conviction can have life-altering consequences, and it's important to have skilled attorneys on your side.

Perlman & Cohen Los Angeles Criminal Lawyers are dedicated to defending individuals facing serious charges such as vehicular manslaughter. Whether your case involves ordinary or gross negligence, our experienced team is here to provide comprehensive legal support.

If you have been accused of vehicular manslaughter, we will thoroughly investigate your case to build a robust defense. Trust Perlman & Cohen to handle your vehicular manslaughter case with the utmost professionalism and care.

What is Vehicular Manslaughter?

What is Vehicular Manslaughter?

Vehicular manslaughter involves the unintentional killing of a person due to the illegal driving of a vehicle. A few examples of vehicular manslaughter include:

  1. Negligent or Reckless Driving: This involves a driver causing a fatal accident due to careless or reckless behavior, such as speeding, distracted driving, or failing to follow traffic laws.
  2. DUI/DWI: Driving under the influence of alcohol or drugs, leading to a fatal accident, often falls under vehicular manslaughter.
  3. Gross Negligence: Gross vehicular manslaughter involves a higher degree of negligence than ordinary negligence, showing a reckless disregard for the safety of others.

At Perlman & Cohen, we know that facing a vehicular manslaughter charge is a grim and stressful experience. Vehicular manslaughter occurs when a person operating a motor vehicle causes the death of another through ordinary negligence or gross negligence.

In California, vehicular manslaughter can be classified as either a misdemeanor or a felony, depending on the situation. The law aims to address the severity of the offense and ensure appropriate consequences. Each case is unique, and specific details can positively affect the outcome.

Difference Between Vehicular Manslaughter and Involuntary Manslaughter

Vehicular manslaughter specifically involves the use of a vehicle in the commission of the crime, whereas involuntary manslaughter does not necessarily involve a vehicle.

Involuntary manslaughter typically refers to an unintentional killing resulting from reckless or negligent actions not related to driving.

Both charges are grave but have different legal implications and potential penalties.

Types of Involuntary Manslaughter

Unlike murder-committed vehicular manslaughter, involuntary manslaughter does not involve malice aforethought. There are generally two categories of involuntary manslaughter:

Constructive Manslaughter (Unlawful Act Manslaughter).

It occurs when someone unintentionally causes death while committing a lawful act or attempting to commit a non-felony illegal act that is inherently dangerous or carried out in a dangerous manner.

  • A person accidentally discharges a firearm while handling it recklessly, resulting in someone’s death.
  • A shop owner sets an illegal trap for burglars, and it results in the death of an intruder.

Criminally Negligent Manslaughter

Criminally negligent manslaughter happens when someone’s grossly negligent actions or failure to act when there is a duty to do so leads to another person's death. Gross negligence involves a severe departure from the standard of care that a reasonable person would exercise in a similar situation.

  • A caregiver neglects to provide necessary medical care to a dependent, resulting in the dependent's death.
  • A parent leaves a young child unattended in a car on a hot day, causing the child to die from heatstroke.
  • A construction foreman ignores safety regulations, leading to an unsafe work environment that causes a fatal accident.

Legal Penalties for Vehicular Manslaughter in California

The penalties for vehicular manslaughter in California vary based on the nature of the charge and the circumstances surrounding the incident. They can range from relatively minor consequences to severe punishments.

  • Misdemeanor vehicular manslaughter: This can result in up to one year in county jail. Fines could be from a few hundred to several thousand dollars.
  • Felony vehicular manslaughter without gross negligence. Being charged with this case can result in 16 months, two years, or three years in state prison and substantial fines.
  • Felony vehicular manslaughter with gross negligence: The penalties are heavier, with potential imprisonment for 2, 4, or 6 years. This charge reflects a higher degree of recklessness.
  • Vehicular manslaughter while intoxicated: This involves longer prison sentences, potentially ranging from 4 to 10 years. The involvement of alcohol or drugs considerably elevates the gravity.
  • Hit and run vehicular manslaughter: Leaving the accident scene can result in additional penalties. This can add years to the sentence and increase fines.
  • License suspension: Convictions often result in a substantial period of license suspension. This can adversely affect the individual's ability to work and carry out daily activities.

Factors Influencing Vehicular Manslaughter Sentences

Factors influencing vehicular manslaughter sentences

Various factors can influence the sentencing for vehicular manslaughter in California. These factors help the court assess the right punishment for the accused.

Charges or criminal acts such as high-speed driving, reckless behavior, or prior DUI convictions can lead to harsher penalties, as these factors indicate a higher degree of negligence.

On the other hand, factors like a clean driving record or demonstrating remorse can reduce the sentence. The court may consider these elements to show the accused's character.

The involvement of intoxicants increases the severity of the charge and subsequent penalties. DUI vehicular manslaughter carries much harsher sentences.

If the victim was partially negligent or distracted while driving, at fault, or engaged in illegal activities, it might influence the sentencing. This can reduce the perceived negligence of the driver.

Lastly, the statute of limitations affects whether charges can be filed. Comprehending this is critical for both criminal defense attorney and prosecution strategies.

Statute of Limitations on Vehicular Manslaughter in California

The statute of limitations for vehicular manslaughter charges varies based on the nature of the offense. For misdemeanor vehicular manslaughter, the prosecution must file charges within one year from the date of the incident.

The statute of limitations for felony vehicular manslaughter is generally three years. However, if the case involves a hit-and-run, the statute of limitations may be extended to up to six years.

It's important to act promptly if you are involved in such a case to protect your legal rights. Being familiar with the statute of limitations can also influence the more experienced defense attorney, strategy, and how the case is approached in court.

Legal Defenses Against Vehicular Manslaughter Charges

Legal defenses against vehicular manslaughter charges

Facing vehicular manslaughter charges requires a strong legal defense to protect your rights and future. Depending on the case's specifics, many defense strategies can be employed. These might include challenging the evidence or proving that the incident was a tragic accident without criminal negligence.

Defense strategies for vehicular manslaughter can vary widely but often focus on key aspects of the case.

  • Challenging the evidence: This includes questioning the accuracy of accident reconstruction and witness testimonies. It's essential to scrutinize every piece of evidence.
  • Lack of negligence: Proving that the accused was not negligent or that the actions were reasonable under the circumstances. This can significantly affect the outcome.
  • Mechanical failure: Demonstrating that the accident was caused by a vehicle malfunction, not driver error. Expert testimony can be indispensable in these cases.
  • Medical emergency: Arguing that the driver's sudden medical emergency led to the accident. This defense can absolve the driver of liability.

Steps to Take if Charged with Vehicular Manslaughter

If you are charged with vehicular manslaughter for financial reasons only, taking immediate and informed steps can notably improve your case.

  • Hire an experienced attorney: Legal representation is necessary to navigate the legal system and protect your rights.
  • Document everything: Make sure you get everything related to the incident. From witness information and any communication with law enforcement.
  • Avoid discussing the case: Do not discuss the incident with anyone else but your attorney to avoid self-incrimination.
  • Follow legal advice: Strictly follow your lawyer's instructions throughout the procedure.

How Perlman & Cohen Can Help in Vehicular Manslaughter Cases

Perlman & Cohen Los Angeles Criminal Lawyers are dedicated to defending clients facing vehicular manslaughter charges. Our team has extensive experience handling these complex cases with sensitivity and expertise.

We work diligently to investigate every aspect of the case and build a strong defense strategy. Trust Perlman & Cohen to advocate fiercely on your behalf.

The Criminal Justice Process in California

Familiarity with the criminal justice process in California is essential for anyone facing charges. The journey from arrest to trial involves multiple steps and can be overwhelming without proper legal guidance.

At our law firm, we guide our clients through every phase, ensuring they understand their rights and options. Our goal is to provide clarity and support throughout the legal proceedings.

From Arrest to Trial

An arrest is the first step in the process, and the formal presentation of the charges comes next. The accused can plead guilty, not guilty, or no contest. Pretrial hearings are conducted to discuss evidence and potential plea deals.

If no agreement is reached, the case proceeds to trial, where both sides present their arguments. A judge or jury then delivers a verdict based on the presented evidence.

Long-Term Legal Implications

A conviction for vehicular manslaughter can have lasting legal consequences. It may result in a permanent criminal record, impacting your employment opportunities and personal relationships.

In addition, the individual may face ongoing legal obligations, such as probation or parole. Knowing these long-term implications is crucial for anyone facing such charges.

Contact Our Los Angeles Vehicular Manslaughter Defense Attorney for a Free Case Consultation.

Contact our Los Angeles vehicular manslaughter defense attorney for a free case consultation

If you are facing vehicular manslaughter charges in Los Angeles, it's imperative to seek professional legal assistance. At Perlman & Cohen Los Angeles Criminal Lawyers, we are committed to providing robust defense and protecting your rights.

Contact us for a consultation and let our experienced team help you through this challenging situation. Don't face these serious charges alone. Trust Perlman & Cohen to be your advocate in the legal system.

Schedule Your Free
Consultation Now

"*" indicates required fields

Name*
Required Field*
This field is for validation purposes and should be left unchanged.
Why choose
Perlman & cohen
los angeles criminal
lawyers
Ranked in the Top 100 Trial Lawyers
Over 3o+ Years of Combined Criminal Defense Experience 
Proven Results In & Out of Court
Affordable Fees and Payment Plans
We Are Available 24/7 for All Clients
Innovative Approach
contact us

If you or a loved one needs the assistance of our criminal law attorneys, please feel free to contact us in the way that is most convenient to you, whether that is calling us at (310) 557-1700 or completing the contact form below. All fields are required.

Name(Required)
Required Fields *
This field is for validation purposes and should be left unchanged.
chevron-down linkedin facebook pinterest youtube rss twitter instagram facebook-blank rss-blank linkedin-blank pinterest youtube twitter instagram