Vehicular Manslaughter | Penal Code § 192(c)

Description

If another person is killed as a result of a vehicle accident for which you were alleged to be responsible you would be charged with Vehicular Manslaughter. Manslaughter is the unlawful killing of a human being without malice, including vehicular, driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence, or driving a vehicle in the commission of a lawful act which might produce death. Examples of Vehicular Manslaughter are hitting a pedestrian and while sending a text message causing their death or driving at a high rate of speed causing an accident which causes the death of another.

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