Wired To Defend
Vehicular Manslaughter
Wais Azami is a seasoned Orange County criminal attorney with extensive experience. Our last vehicular manslaughter case was resolved with only probation–no prison or jail time. Call our office before speaking with law enforcement.
California Definition of Vehicular Manslaughter
In California, a driver/person commits the crime of vehicular manslaughter by driving in a negligent or unlawful manner and thereby causing the death of another person. Attorney Azami has defended against charges of vehicular manslaughter.
The seriousness of the charges and punishments depend on;
- the degree of negligence involved (gross vs non-gross negligence),
- if the driver was intoxicated (drugs or alcohol), and
- the defendant’s prior criminal record, including if they’re currently on parole or probation
Defenses to Vehicular Manslaughter
- You did not act with negligence or gross negligence;
- Your negligence didn’t cause the victim’s death;
- You were facing a sudden emergency and acted reasonably under the circumstances.
Penalties for Vehicular Manslaughter
The penalties under California’s vehicular manslaughter law depend on whether you acted with gross negligence, or with ordinary negligence.
WITHOUT Gross Negligence
(California Penal Code 192.5.)vehicular manslaughter is a wobbler. This means it may be charged as a misdemeanor or a felony.
- Up to one Year in County Jail
- Potential loss of Driver’s License
- Potential Disqualification from Government Assistance Programs
- Immigration Consequences
WITH Gross Negligence: Gross Vehicular Manslaughter Under Penal Code 191.5:
- 1 year county jail
- 2-, 4-, or 6-years state prison
- Loss of Driver’s License
- Potential Disqualification from Government Assistance Programs
- Immigration Consequences
Gross negligence is key element to the definition of vehicular manslaughter under Penal Code 192(c)(1). Gross negligence is something more than ordinary carelessness, inattentiveness, or error in judgment. Gross negligence occurs only when:
- A person acts in a reckless way that creates a high risk of death or GBI—Great Bodily Injury; AND
- A reasonable person would have known that acting in that way would create such a risk.
Have You Been Accused of Vehicular Manslaughter?
Call the Law Offices of Wais Azami at (714) 321-9999. Or schedule a free consultation with our vehicular manslaughter lawyer in Orange County here. We will generate a defense plan which aims to get the charges dismissed, reduced, and/or the consequences mitigated.