Vehicular Manslaughter

San Jose Criminal Defense Lawyers

Vehicular manslaughter is a lesser charge than murder but still results in a significant period of jail if convicted. It involves negligence behind the wheel of a car. It can be a charge following an accident in which an individual strikes a pedestrian with a car while talking on a cell phone. It can also be charged when an individual is driving drunk and kills an individual.

Manslaughter is the unlawful killing of another human being done without intent or malice aforethought. The offense consists of driving while under the influence of alcohol and or drugs which results in the death of another human being due to the driver’s independent negligence or violation of a traffic law. 

Vehicular manslaughter is a felony offense that is punishable by time in a state prison as opposed to lesser crimes which are punishable by time in a county prison. 

If the case is particularly blameworthy, the prosecutor may file second-degree murder charges in addition to any DWI charges that may already exist. Second-degree murder does not require proof of premeditation or even intent. It merely requires proof of malice. Malice, in this case, can be inferred from evidence of a callous disregard for human life.

The information pertaining to vehicular manslaughter can be found in the California Penal Code, section 191.5. The punishment for vehicular, or involuntary, manslaughter is a period of between 2 and 4 years in a state prison.

If you or someone you know has been charged with vehicular manslaughter, contact the San Jose criminal defense lawyers of the Law Office of Daniel Jensen to discuss your case and to create a good defense.