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
Vehicular manslaughter is a wobbler offense meaning that the charges the prosecution can bring against you can either be felony charges or misdemeanor charges.
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 and competent attorney to fight the charges brought against you. Calling an attorney as soon as possible will increase the chances of a better outcome for you.
Call the Johnson Criminal Law Group immediately if you are being accused of vehicular manslaughter.