Gross Vehicular Manslaughter | Penal Code § 192(c)

Description

Gross Vehicular Manslaughter is similar to Gross Vehicular Manslaughter While Intoxicated without the requirement that the driver be under the influence of drugs or alcohol when the accident occurred. Vehicular manslaughter is defined as a person driving a vehicle in the commission of an unlawful act, not amounting to a felony, but without gross negligence, or driving a vehicle in the commission of a lawful act which might produce death.

What does the prosecutor have to prove?

1. A human being was killed.
2. The killing was unlawful.
3. Defendant drove a vehicle in the commission of an unlawful act not amounting to a felony and with gross negligence. or
3. Defendant drove a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence.

Punishment

Felony: 2years/4years/6years
With probation 0-364 days
Misdemeanor: 0-364 days

 

Can this be charged as a felony or a misdemeanor (“wobbler”)?	Yes
Is this charge a strike?	Yes
Is this charge a “serious felony”	Yes
Is this charge a “violent felony”	No
Do I have to register as a sex offender if convicted?	No
Do I have to register as a drug offender if convicted?	No
Do I lose my right to own or possess a firearm if convicted?	No
Do I lose my right to vote if convicted?	No
Am I eligible for a local sentence (PC § 1170(h)) if convicted?	No
Am I eligible for PC § 1000 drug diversion if convicted?	No
Am I eligible for Prop. 36 drug diversion if convicted?	No
Am I required to give a DNA sample if convicted?	Yes
Is this charge considered a “crime of moral turpitude” for immigration purposes?	Yes
Is this charge considered a “aggravated felony” for immigration purposes?	May
Is this charge considered a “controlled substance violation” for immigration purposes?	No
Is this charge considered a “domestic violence” for immigration purposes?	No
Is this charge considered a “firearm conviction” for immigration purposes?	No