Vehicular Manslaughter Defense Attorney

A vehicular manslaughter charge is one of the most serious driving-related criminal accusations a person can face. Even though these cases do not require an intent to kill, they can still expose a defendant to misdemeanor or felony prosecution, imprisonment, fines, license consequences, and lasting damage to reputation and future opportunities. These cases are also often emotionally charged and heavily investigated from the beginning.

At the Law Office of H. Charles Gorian, we understand that such cases often depend on close factual and legal questions, including negligence, causation, intoxication, and whether the prosecution can actually prove the required level of fault. Our office provides strategic, one-on-one defense representation tailored to the facts of your case.

What Is Vehicular Manslaughter Under California Law?

California Penal Code section 192(c) addresses these charges. In general, it applies when a person, while driving a vehicle and without malice, causes the death of another person either:

• while committing an unlawful act not amounting to a felony, or
• while committing a lawful act that might produce death, but doing so in an unlawful manner.

The statute separates vehicular manslaughter into different categories depending on the level of negligence involved:

• Vehicular manslaughter with gross negligence
• Vehicular manslaughter without gross negligence
• Vehicular manslaughter for financial gain

Because the level of negligence matters so much, these cases often center on whether the alleged conduct amounted to ordinary negligence, gross negligence, or something less.

Gross Negligence vs. Ordinary Negligence

In practical terms, the distinction between gross negligence and ordinary negligence can make a major difference in how the case is charged and punished.

Under California’s vehicular manslaughter statute:

• Vehicular manslaughter with gross negligence is punishable more severely
• Vehicular manslaughter without gross negligence is the less serious form
• Vehicular manslaughter for financial gain is treated as a distinct felony offense.

That means the prosecution’s ability to prove the level of negligence is often one of the most important issues in the case.

Vehicular Manslaughter While Intoxicated

If the case involves alleged DUI conduct, California uses a different statute: Penal Code section 191.5.

Under that section:

• Gross vehicular manslaughter while intoxicated under 191.5(a) is a felony
• Vehicular manslaughter while intoxicated without gross negligence under 191.5(b) is treated separately and may be charged more flexibly depending on the circumstances.

Penalties in California

The possible penalties depend on the exact statute and subsection charged.

For vehicular manslaughter under Penal Code section 192(c):

• Without gross negligence: misdemeanor punishment may include up to one year in county jail
• With gross negligence: felony punishment may include two, four, or six years
• For financial gain: felony punishment may include four, six, or ten years.

For gross vehicular manslaughter while intoxicated under Penal Code section 191.5(a), the punishment is four, six, or ten years in prison.

Because these are high-stakes charges, the exact subsection matters greatly, and the prosecution still must prove causation and the required level of negligence or intoxication.

Driver’s License Consequences

A conviction may also affect driving privileges. California’s Vehicle Code requires DMV revocation upon conviction of manslaughter resulting from the operation of a motor vehicle, subject to statutory distinctions.

Common Defenses to Such Charges

Every vehicular manslaughter case depends on the facts. Possible defenses may include:

• the defendant was not negligent or not grossly negligent
• the prosecution cannot prove the defendant’s driving was the legal cause of death
• the death resulted from an independent or intervening cause
• the evidence does not support an intoxication-based charge
• the facts do not support the level of offense filed
• law enforcement or accident reconstruction evidence is incomplete, flawed, or disputed

Because these cases often depend on accident reconstruction, toxicology, witness statements, expert opinions, and the exact sequence of events, a careful review of the evidence is critical.

Speak with Our Defense Attorney

If you are facing vehicular manslaughter charges, it is important to seek legal advice as early as possible. These cases can carry life-altering consequences, and a careful review of the facts may reveal important defenses and weaknesses in the prosecution’s case.

The Law Office of H. Charles Gorian represents clients throughout Riverside County and San Bernardino County. Call (951) 395-0511 today or fill out our form for a free and confidential consultation.