Rancho Cucamonga Vehicular Manslaughter Lawyer

Allegations of vehicular manslaughter can have serious consequences. There are several different types of vehicular manslaughter, each with its own set of potential punishments and penalties that could greatly alter your life. A Rancho Cucamonga vehicular manslaughter lawyer can review the facts of your case and help you determine which defense strategies are likely to result in a favorable outcome.

Hire a Vehicular Manslaughter Lawyer

When you hire a vehicular manslaughter lawyer, you need someone familiar with the specific vehicular manslaughter laws in California. At Kolacia Law, Attorney Kolacia is a former prosecutor who helped found the Vehicular Homicide Unit while working as a district attorney. This insider knowledge is invaluable in shaping your defense and responding to known prosecution tactics in vehicular manslaughter cases.

Vehicular Manslaughter in California

According to research by CalMatters, only 1 in 5 fatal collisions results in a criminal case. From 2019 to early 2024, more than 3,600 vehicular manslaughter and vehicular homicide cases were filed in California. This research also found that roughly:

• 40% of drivers charged with vehicular manslaughter had valid driver’s licenses in 2024
• 5% of drivers who were convicted of misdemeanor vehicular manslaughter did not receive a license suspension
• 4% of drivers were issued driver’s licenses after allegedly killing someone on the road
• 11% of drivers receive a traffic citation after being involved in a fatal collision

Felony and misdemeanor vehicular manslaughter cases are considered criminal cases in Rancho Cucamonga and are handled by the San Bernardino Superior Court at the Rancho Cucamonga Courthouse. Arraignments, preliminary hearings, and trials are all conducted in the Rancho Cucamonga Courthouse.

Types of Vehicular Manslaughter in California

Unlike other forms of manslaughter, vehicular manslaughter always occurs while the accused was operating a motor vehicle. Vehicular manslaughter is considered a type of negligent homicide. In general, to prove vehicular manslaughter, prosecutors must demonstrate that the accused:

• Committed an infraction, misdemeanor, or a lawful act in a dangerous manner
• The committed act was potentially harmful to human life
• The act was committed through negligence or gross negligence
• The act resulted in a death

Aggravating factors can change the type of vehicular homicide charge and potentially increase the penalties associated with the charge.

There are several different categories of vehicular homicide recognized in California. Each category is distinguished by specific features of the charge and carries varying penalties. The different categories of vehicular homicide include:

• Negligent vehicular manslaughter (Penal Code 192). Charged as a misdemeanor, a vehicular manslaughter charge resulting from ordinary negligence could result in one year in county jail.
• Gross negligent vehicular manslaughter (Penal Code 192). Charged as either a misdemeanor or a felony, a vehicular manslaughter charge resulting from gross negligence could result in one year in county jail or up to six years in prison.
• Vehicular manslaughter for financial gain (Penal Code 192). Charged as a felony, a vehicular manslaughter for financial gain charge occurs when a death is caused while the accused was attempting to cause a collision for the purpose of filing a false insurance claim or otherwise creating financial gain.
• Gross vehicular manslaughter while intoxicated (Penal Code 191.5). Charged as a felony, committing grossly negligent vehicular manslaughter while under the influence of alcohol or drugs can lead to increased penalties and up to 10 years in prison.
• Vehicular manslaughter while intoxicated (Penal Code 191.5). Charged as either a misdemeanor or a felony, committing ordinary negligent vehicular manslaughter while under the influence of alcohol or drugs can lead to additional penalties, including up to 4 years in prison.
• DUI murder or a Watson Rule Murder. Charged as a second-degree murder, when a person with a prior DUI conviction causes the death of another person due to driving while under the influence of alcohol or drugs, that person can be charged with murder due to the implied malice present in their decision to drive while intoxicated. They could face up to 15 years in prison.

Penalties for Vehicular Manslaughter

If convicted of any form of vehicular manslaughter, in addition to incarceration, several penalties could be imposed based on the specific circumstances of the charge. For instance:

• Fines ranging from $1,000 to $10,000
• Probation or parole
• Driver’s license suspension or revocation
• Additional fees and court costs
• Restitution to victims or the victim’s family

In addition to formal penalties, a vehicular manslaughter conviction creates a permanent criminal record that could result in consequences long after you have completed your sentence. A criminal record can prevent you from seeking employment in some fields, revoke or keep you from obtaining a professional license, limit your housing opportunities, and prevent you from enrolling in higher education opportunities.

If you are an immigrant, a criminal conviction can adversely affect your immigration status. You are also at a disadvantage during child custody or divorce proceedings. Convicted offenders are less likely to gain custody of their minor children and are often only allowed supervised visitation.

Ways a Vehicular Manslaughter Attorney Can Help

It can be challenging to defend yourself against a vehicular manslaughter charge. A qualified vehicular manslaughter attorney can offer many benefits during the criminal court process. An experienced attorney can:

• Gather evidence that contradicts the prosecution’s story of events
• Question the legality of the evidence collected
• Negotiate for reduced charges, a dismissal, or a pretrial diversion program
• Represent your interests if the case goes to trial
• Introduce expert testimony during trial
• Negotiate for lenient sentencing if convicted
• File an appeal if there were legal issues that contributed to a guilty verdict

Defenses in a Vehicular Manslaughter Case

Vehicular manslaughter is a serious charge that can have long-lasting consequences for your personal and professional life. A Rancho Cucamonga vehicular manslaughter attorney can help you collect evidence and mount a strong defense against the charges. Some common defense strategies used in vehicular manslaughter cases include:

• Establishing that your negligence did not contribute to the death.
• Accepting that you were negligent but disputing that your level of negligence could be considered gross negligence.
• Proving that you acted reasonably during an emergency situation.
• Demonstrating that you were not intoxicated at the time of the accident.
• Calling into question the legality of the police actions involved in the case.
• Providing proof that the accident was caused by a mechanical failure and not driver error.
• Challenging the claim that you were driving at the time of the accident.

FAQs

Q: What Is the Minimum Sentence for Vehicular Manslaughter in California?

A: The minimum sentence for vehicular manslaughter in California is determined by the type of vehicular manslaughter charge. Misdemeanor charges carry lighter penalties than felony charges. In general, you could be faced with probation or jail time in addition to fines, fees, and a possible license revocation. Aggravating factors can increase these penalties. In extreme cases, a vehicular manslaughter case could be tried as second-degree murder.

Q: How Much Does It Cost to Hire a Lawyer for a Vehicular Manslaughter Charge in California?

A: In California, the cost to hire a vehicular manslaughter lawyer varies with the specifics of each case. More complex cases cost more than simple cases. To obtain legal representation, you often have to pay a retainer fee before work begins on your case. Afterward, you may be charged based on an hourly rate or a flat fee. If the case goes to trial, there is often also a trial fee added to the total cost.

Q: Does Vehicular Manslaughter Count as a Strike Under California’s Three Strikes Law?

A: In some cases, a vehicular manslaughter charge can count as a strike under California’s Three Strikes Law. If the vehicular manslaughter charge includes gross negligence or intoxication, the death could count as a strike. Likewise, if the vehicular manslaughter charge is filed as a felony, it could count as a strike. If more than one death occurred during the same accident, it still only counts as a single strike.

Q: Can a Vehicular Manslaughter Charge be Reduced in California?

A: Yes, it is possible to get a vehicular manslaughter charge reduced in California. A charge of gross negligence could be reduced to simple negligence, thereby reducing a felony to a misdemeanor. A charge of intoxicated manslaughter could be reduced to non-intoxicated manslaughter if the evidence for intoxication is weak or suppressed. A DUI manslaughter charge could be reduced to just a DUI charge if it can’t be proven as a substantial factor in the death.

Q: Is a Death Caused by a Vehicle Always Charged as Vehicular Manslaughter?

A: No, causing a death due to a traffic accident is not always charged as vehicular manslaughter. A charge of vehicular manslaughter occurs when someone’s death is caused during a traffic accident due to negligence, recklessness, or intoxication. If the person who caused the accident acted with malice, they could be charged with murder.

Contact Kolacia Law Firm

It can be overwhelming to face vehicular homicide allegations without the right legal counsel. Our team has over 15 years of experience helping California residents throughout San Bernardino, Riverside, and Orange Counties from our central location in Rancho Cucamonga. We’re ready to leverage our knowledge of California criminal law to represent your interests. Contact Kolacia Law Firm today to schedule your initial consultation.