Vehicular Manslaughter- Felony vs. Misdemeanor

Vehicular Manslaughter: Felony vs. Misdemeanor

Being involved in a fatal car accident is a devastating tragedy. But if you were at fault, you could face criminal charges for vehicular manslaughter. This crime carries either felony or misdemeanor penalties depending on the circumstances. Understanding the key differences is critical if you find yourself charged after a deadly crash.

In this article, we’ll examine how California law distinguishes between felony and misdemeanor vehicular manslaughter. We’ll cover:

• What is vehicular manslaughter?
• Elements of gross vs. ordinary negligence
• Factors that determine the level of charges
• Potential penalties
• Fighting vehicular manslaughter charges

While both types of charges are extremely serious, the stakes are much higher with a felony. Having an experienced criminal defense lawyer in your corner can help minimize the devastating consequences.

What is Vehicular Manslaughter?

Vehicular manslaughter involves causing the death of another person through the negligent or unlawful operation of a vehicle. It is one of the most serious traffic offenses you can face in California.

The key distinction between misdemeanor and felony charges depends on whether the driver’s behavior amounted to “ordinary” vs. “gross” negligence. The degree of negligence then determines how the case is charged.

Elements of Gross Negligence

For a vehicular manslaughter case to be charged as a felony, the prosecution must be able to prove the driver acted with gross negligence. This means more than just ordinary carelessness or mistakes.

Gross negligence generally involves:

• Extremely reckless driving
• Knowing disregard for safety
• Failure to use even scant care

Examples of grossly negligent behavior include:

• Driving while extremely drunk or on drugs
• Racing or speeding at over 100 mph
• Using a cell phone and not looking at the road
• Purposely driving through red lights or stop signs

This type of behavior shows a willful decision to drive in a super reckless manner with no concern for lives on the road. That extreme mindset qualifies as gross negligence and leads to felony charges.

Elements of Ordinary Negligence

In contrast, misdemeanor vehicular manslaughter involves ordinary negligence. While the driver made mistakes, they were not willfully reckless or grossly negligent.

Ordinary negligence generally means the driver failed to use reasonable care and made poor choices that an ordinary person should not make. But it was not wanton disregard for human safety.

Examples of ordinary negligence include:

• Speeding moderately over the limit
• Rolling through a stop sign
• Momentarily looking at your phone
• Accidentally running a red light

While these examples certainly show poor judgment, they do not rise to the extreme recklessness required for gross negligence. So misdemeanor charges apply.

Factors that Determine the Charges

When deciding whether to bring felony vs. misdemeanor vehicular manslaughter charges after a fatal crash, prosecutors consider:

• Level of negligence
• Number of victims
• Driver’s state of intoxication
• Prior traffic offenses
• Unsafe driving observed before the crash

Gross negligence, multiple victims, drunk or reckless driving, and a poor driving history will all support felony charges. While a generally safe driver who made a mistake faces misdemeanor counts.

Potential Penalties

The penalties for vehicular manslaughter depend on whether it is charged as a misdemeanor or felony:

Misdemeanor Vehicular Manslaughter

• Up to 1 year in county jail
• Fines up to $1,000
• License suspension up to 1 year

Felony Vehicular Manslaughter

• 4 to 10 years in state prison
• Fines up to $10,000
• License revocation up to 5 years

As you can see, the felony consequences are much more severe. But even misdemeanor charges lead to life-changing results. So fighting the charges is critical either way.

Fighting Vehicular Manslaughter Charges

Being charged with vehicular manslaughter for a fatal accident you caused is a gut-wrenching experience. But all hope is not lost. An experienced criminal defense lawyer can help fight the charges using strategies like:

• Contesting gross negligence allegations
• Gathering evidence to refute exaggerations
• Challenging flaws in the collision investigation
• Disputing the coroner’s report on cause of death
• Negotiating for misdemeanor charges instead of felonies
• Pushing for sentencing leniency if convicted

An aggressive legal defense makes all the difference in how vehicular manslaughter charges impact your life. Don’t leave anything to chance.

Speak with a Criminal Defense Lawyer

Being charged with vehicular manslaughter is devastating under any circumstances. But the stakes become exponentially higher if prosecutors allege gross negligence warranting felony charges. Putting up a tireless defense against allegations of extreme recklessness could mean the difference between misdemeanor and felony counts. Don’t wait to seek expert legal help. An experienced criminal defense lawyer can strategically fight back against these life-changing charges. Don’t settle for anything less than the strongest defense possible.