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CHULA VISTA VEHICULAR MANSLAUGHTER DEFENSE

Accused of Vehicular Manslaughter? Get Help Now.

Our team has successfully defended vehicular manslaughter cases in Chula Vista. We’re here to protect your rights and driving privileges.

When you’re facing vehicular manslaughter charges in Chula Vista, you need a criminal defense attorney who knows how to fight for your rights and your future. At David P. Shapiro Criminal Defense Attorneys, we bring years of experience and a track record of success to every case we handle.

From the moment you contact our firm, we’ll work to build a strong defense strategy tailored to the unique facts of your case. With our deep knowledge of California’s vehicular manslaughter laws and our proven ability to get results in the courtroom, you can trust us to be your dedicated allies throughout the legal process. We’re here to protect your rights, your freedom, and your future.

Vehicular Manslaughter Charges in California

Under California Penal Code Section 192(c), vehicular manslaughter is a crime that occurs when a person driving a vehicle causes the death of another person. There are three main types of vehicular manslaughter charges in California:

Vehicular Manslaughter with Ordinary Negligence

Vehicular manslaughter with ordinary negligence, covered under California Penal Code Section 192(c)(2), occurs when a driver commits a misdemeanor, infraction, or otherwise lawful act with ordinary negligence, and this act causes the death of another person. Ordinary negligence means the driver failed to use reasonable care to prevent foreseeable harm to someone else.

Key elements:

  • Committed a misdemeanor, infraction, or lawful act in an unlawful manner while driving
  • The act was dangerous to human life under the circumstances
  • Driver acted with ordinary negligence
  • The negligent act caused someone’s death

Penalties can include misdemeanor probation, up to 1 year in county jail, and/or a fine of up to $1,000.

Vehicular Manslaughter with Gross Negligence

Vehicular manslaughter with gross negligence, defined in California Penal Code Section 192(c)(1), is a more serious charge that applies when a driver acts with gross negligence, rather than ordinary negligence. Gross negligence involves acting recklessly in a way that creates a high risk of death or great bodily injury.

Key elements:

  • Committed a misdemeanor, infraction, or dangerous act while driving
  • Acted in a way that created a high risk of death or great bodily injury
  • A reasonable person would have known the act was dangerous
  • The grossly negligent act caused someone’s death

This offense is a wobbler that can be charged as a misdemeanor or felony. Misdemeanor penalties include up to 1 year in jail, while felony penalties can include 2, 4, or 6 years in state prison.

Vehicular Manslaughter for Financial Gain

California Penal Code Section 192(c)(3) covers the crime of vehicular manslaughter for financial gain. This applies when a driver causes a fatal accident while purposely crashing a vehicle in order to commit auto insurance fraud.

Key elements:

  • Driver knowingly caused or participated in a collision
  • The collision was caused with the intent to make a false insurance claim
  • The collision resulted in someone’s death

As a felony, vehicular manslaughter for financial gain can result in a $10,000 fine and a state prison sentence of 4, 6, or 10 years.

Regardless of the specific charges, vehicular manslaughter cases are complex and the stakes are high. If you’ve been accused of this offense, you need an experienced Chula Vista vehicular manslaughter attorney who can protect your rights and build the strongest possible defense.

Defending Against Vehicular Manslaughter Allegations in Chula Vista

At David P. Shapiro Criminal Defense Attorneys, we take a proactive and strategic approach to defending vehicular manslaughter cases in San Diego County. When you hire us, our skilled legal team will:

  • Thoroughly investigate the accident scene, vehicles, and evidence involved
  • Carefully review police reports, witness statements, and expert analyses for inconsistencies or inaccuracies
  • Challenge the prosecution’s claims of negligence, intoxication, or fault
  • Identify and present mitigating factors, such as comparative negligence by other parties
  • Negotiate with the district attorney for reduced charges, alternative sentencing, or dismissal when appropriate
  • Advocate for your rights and interests in all court proceedings
  • Provide compassionate guidance and support throughout the criminal justice process

As experienced attorneys, we have a strong understanding of how the government builds and argues these cases. We use this knowledge to craft effective defense strategies tailored to the unique facts of your situation. Whether through pretrial preparation or skilled courtroom advocacy, we will fight tirelessly to achieve the best possible outcome on your behalf.

How Vehicular Manslaughter Differs from Other Homicide Crimes

Vehicular manslaughter is a distinct offense from other homicide charges like murder or involuntary manslaughter. Some key differences include:

  • Lack of intent to kill: Vehicular manslaughter charges do not require proof of malice or intent to cause death, unlike murder charges.
  • Negligence standard: Prosecutors must show that the defendant acted with ordinary or gross negligence, rather than the higher level of recklessness needed for involuntary manslaughter.
  • Driving-related context: Vehicular manslaughter specifically applies to deaths caused while operating a motor vehicle, whereas other homicide offenses are more general.
  • Intoxication element: Vehicular manslaughter charges often involve allegations of driving under the influence of alcohol or drugs, which can enhance the penalties. If charged as gross vehicular manslaughter while intoxicated pursuant to Penal Code Section 191.5.

Understanding these nuances is crucial to building an effective defense strategy. Our experienced Chula Vista vehicular manslaughter lawyers will analyze the specific facts of your case to determine the most appropriate approach and work tirelessly to protect your rights.

Potential Defenses to Vehicular Manslaughter Charges

While every case is unique, there are several common defenses that may be applicable in a vehicular manslaughter case, such as:

  • Lack of negligence: If the evidence shows that you were driving with reasonable care and caution, you should not be convicted of vehicular manslaughter.
  • Intervening causes: If an unforeseeable event, such as a sudden medical emergency or mechanical failure, caused the accident, you may have a defense.
  • Police misconduct: If law enforcement violated your constitutional rights during the investigation or arrest, key evidence against you may be suppressed.

Our attorneys will investigate your case to identify and develop the most compelling defense arguments. We will leave no stone unturned in fighting for your innocence and your future.

What to Do If You’re Arrested for Vehicular Manslaughter in Chula Vista

If you are arrested or questioned about a fatal accident, it’s essential to remember your rights and take immediate steps to protect yourself.Call our firm as soon as possible so we can intervene and ensure your rights are respected.

Remember, the early stages of a vehicular manslaughter investigation are critical. Having a knowledgeable Chula Vista criminal defense attorney by your side from the start can make a significant difference in the outcome of your case.

Schedule a Consultation with Our Chula Vista Criminal Defense Lawyers

If you or someone you love is facing criminal charges in California, swift action is imperative. The penalties can be life altering and long lasting. Give us a call today to set up a case evaluation with one of our attorneys and learn how to best protect your freedom and future. Too often, we see clients who “wait and see,” unsure of the legal landscape ahead, only for charges to escalate. They then find themselves backpedaling into a bad defense and an even worse lawyer. Don’t let that happen to you. Protect your freedom. Protect your future. Know your rights.

The contents of this article and blog are meant for informational and marketing purposes only and do not constitute legal advice. Viewing and/or use of the blog does not form an attorney-client relationship. No statements in this post are a guarantee, warranty, or prediction of a particular result in your case.

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Frequently Asked Questions (FAQ)

Ask a Chula Vista Vehicular Manslaughter Lawyer

You have questions. We have answers. Check out our answers to some of the more frequently asked questions (FAQs) below. Want more information or have a question not answered here about how you can regain control of your future if charged with a crime? Give us a call at (619) 295-3555.

Will I lose my driver's license if convicted of vehicular manslaughter?

A conviction for vehicular manslaughter will likely result in a driver’s license suspension or revocation by the California DMV. We can help you understand the potential impact on your driving privileges.

Can I get vehicular manslaughter charges dismissed?

Depending on the facts of your case, it may be possible to get your charges reduced or dismissed through pretrial motions or negotiations with the prosecutor. Our attorneys will explore every available option.

Can vehicular manslaughter charges be expunged from my record?

In some cases, it may be possible to have a vehicular manslaughter conviction expunged from your criminal record after serving your sentence and completing probation. We can advise you on your eligibility for expungement.

What if the alleged victim's family doesn't want to press charges?

In California, it is the prosecutor’s decision whether to file criminal charges, not the alleged victim’s family. However, the family’s wishes may influence plea negotiations or sentencing decisions.

Do I have to go to trial for vehicular manslaughter charges?

Not necessarily. Many cases are resolved through plea bargains or dismissals before trial. However, if a fair agreement cannot be reached, our skilled trial attorneys are prepared to defend you in court.

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