Vehicular Manslaughter


February 19, 2009
By Stephen G. Rodriguez, Attorney at Law on February 19, 2009 10:51 AM |

Being charged with vehicular manslaughter can be a terrifying experience. Simply defined, vehicular manslaughter, or vehicular homicide, is driving negligently, speeding, driving under the influence of drugs or alcohol, or reckless driving which results in the death of another human being. Knowing that you have ended another person's life might feel like punishment enough, but the legal penalties that can be assessed by a judge varies greatly depending on the facts of your case. This is where the help of an experienced Los Angeles criminal defense attorney can save your life.

Vehicular manslaughter can be tried as either a misdemeanor or a felony. If you are found to have been driving just a few miles per hour over the speed limit or driving with "ordinary" negligence, your case is more likely to be tried as a misdemeanor. Negligence is widely defined in the legal world as the failure to exercise reasonable care in a given situation. Gross negligence, on the other hand, is defined as a careless or reckless disregard for the safety or lives of others that is so great it appears to be a complete disregard for other people's rights to safety. If you were found to be speeding, racing or are proven to have been driving under the influence of drugs or alcohol, then "gross negligence" may apply and your case will probably be tried as a felony, with jail time as a penalty.

For a misdemeanor charge of vehicular manslaughter, a sentence of up to a year in a county jail can be given. If the case is tried as a felony, up to 10 years in a state prison can be handed down as punishment. Most cities, including Los Angeles, have legal statutes that effectively make cars potentially deadly weapons. While vehicular manslaughter is generally viewed as a lesser charge than manslaughter or murder, these legal statutes make it possible for you to be charged with manslaughter or murder, depending on the facts of your case. An experienced criminal defense attorney knows their way through the labyrinth of procedures involved in fighting a vehicular manslaughter charge. They will carefully comb over the facts of your case and fight to get you the best outcome possible.

If you have been charged with vehicular manslaughter, call Rodriguez, Lewis & Kahn today to begin preparing your defense.