Vehicular Manslaughter

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If you have been in an accident and charged with vehicular manslaughter, intoxicated manslaughter or intoxicated assault, you can expect the District Attorney’s office to take the case very seriously. In California, prosecutors work hard to seek convictions and prison time for felony charges involving vehicular manslaughter or assault – particularly if it is alleged that you were intoxicated at the time of the accident.

An individual may be charged with vehicular manslaughter when he/she causes the death of someone while driving a motor vehicle, such as a car, truck, motorcycle, van or SUV. If convicted, a vehicular manslaughter lawyer knows that the consequences you face may be extremely serious; you will likely spend many years to life behind bars. This is an offense that is typically charged as a felony, which means the penalties will be harsher than if the offense was classified as a misdemeanor. Whether you are charged with murder will depend upon a number of factors including gross negligence, intent to kill and culpability.

Defenses for a vehicular manslaughter charge range from a not at fault or lack of negligence defense, insufficient evidence, factual innocence, or other defenses depending on the details of the case. If you are being charged with vehicular manslaughter you can't afford to take this case on your own or with a public defender for that matter. You need an experienced vehicular manslaughter attorney, and you need one immediately.

In order to convict you of vehicular manslaughter, the prosecutors need to prove that you caused someone's death by violating the Vehicle Code or by driving carelessly. You may be accused of causing a fatal accident through an act such as one of the following:

• Driving under the influence
• Driving over the speed limit
• Running a red light or stop sign
• Changing lanes without signaling
• Turning without watching out for pedestrians
• Paying inadequate attention in the vicinity of children

Sentencing for vehicular manslaughter will be determined by several factors relating to the criminal history of the convicted. Prior convictions or similar convictions for vehicular manslaughter, being currently of probation or parole are all factors that can determine the sentence for vehicular manslaughter. Other contributing factors such as the attitude of the community and court toward this type of crime, amount of television and other news media attention on the case, extenuating circumstances, and whether or not the accident was drug or alcohol related can affect the sentencing for a vehicular manslaughter case.

At the Law Office of Scott Levy, we know that those who are convicted of a crime of this serious nature are facing severe penalties. This is why it is so urgent that you consult with a capable criminal defense attorney, who will work to determine the true cause of the accident, and whether the victim who lost his or her life may have been driving recklessly. Driving under the influence or not, you need an aggressive lawyer who will investigate the details, examine the evidence and work to provide you with a strong and effective defense.