COVID-19 UPDATE: Virtual and Phone Consultations Available in All Cases - We Offer Payment Plans - Learn More

Avvo Rating
State Bar of California
Featured in huffpost Live
Super Lawyers
Best Attorney

Vehicular Manslaughter in Brea

While in the city of Brea, if you cause another person's death as a result of your driving, you can be charged and convicted of Vehicular Manslaughter pursuant to California Penal Code 192(c). The death involved can be of a driver or passenger in the vehicle that you collided with or it can also be a death of a passenger in the vehicle you were driving.

According to PC 192(c), the death must also be the result of negligence that was in the process of a misdemeanor or infraction. If the death occurs in the process of a felony offense, then murder charges will instead be filed and not vehicular manslaughter charges.

Necessary Elements for a Vehicular Manslaughter Conviction

If you are charged with vehicular manslaughter, the prosecution must prove the following necessary elements:

  • That an infraction, misdemeanor or lawful act performed in an unlawful manner, was committed while driving and
  • That the infraction, misdemeanor or lawful act performed in an unlawful manner, caused danger to human life in the circumstances of the commission and
  • That the infraction, misdemeanor or lawful act performed in an unlawful manner, caused the death of another person
Punishment and Penalties for Vehicular Manslaughter

Vehicular manslaughter is a wobbler offense meaning that the charges the prosecution can bring against you can either be felony charges or misdemeanor charges.

The difference between a misdemeanor charge of vehicular manslaughter and a felony charge of vehicular manslaughter is whether or not gross negligence was involved. If you acted with gross negligence, then you would be charged with either a misdemeanor or a felony. If you did not, then it would be considered a misdemeanor with less severe penalties. In both circumstances, your driver’s license will be revoked. While some may think that revocation of one’s driver’s license is the same as suspension of one’s driver’s license that is not the case. If someone were to get their license revoked, then that means that they cannot get their license back unless they go through the full process of taking the driving test again and completing that successfully. On the other hand, if you were to get your license suspended, then after paying the necessary fines and waiting the required amount of time, your license can still be reinstated. However, it should be noted that if you are found to be driving on a suspended or revoked license, there are harsh consequences such as fines and maybe even a jail sentence.

Depending on the charge, the penalty or punishment can result in; 2-years, 4-years or 6-years in state prison for a felony charge and 1-year in County jail for a misdemeanor charge. Furthermore, your driver's license can be suspended or revoked by the California Department of Motor Vehicles.

If you are charged with vehicular manslaughter, it is imperative that you find an experienced attorney to fight the charges brought against you. Calling one of our defense lawyers as soon as possible could increase the chances of a better outcome for you.

Client Reviews
Lauren Johnson was amazing. She explained everything in ways that were easily understood, & answered all of my question. She was respectful, but also open & honest. She started work on my case the first day we met & got results quickly. She demonstrated passion, concern, and showed true feeling for my situation. My expectations were greatly exceeded. I would say she has an incredible attention for detail, & has a real dedication to her work. Lauren Johnson would be my first recommendation to any of my family or friends similarly in need of legal assistance. - Heather
I researched a lot of attorneys and had met with two attorneys before speaking with Ms. Johnson and retaining her. I was facing serious charges that could not be on my record, due to my job and was really scared. I felt hopeless & thought my life was ruined...until I found Ms. Johnson... - A criminal defense client (drug case)
She is on point. She knows her field well. I have to give credit where credit is due, you deserve it Lauren Johnson... - Anonymous, Victim of Domestic Violence
Lauren K. Johnson was my saving grace. I naively thought you were innocent until proven guilty. However, I soon discovered that CPS and family court does not see things that way... - Mrs. G, a CPS client
Thank you Lauren for your help and support in a very scary, bad time in my life! You were a ray of sunshine in a very dark place. I didn't have to step foot in a court room once, Lauren was there for me... - JB A criminal client