Vehicular Manslaughter

Saturday by: Doreen

istock_000001687296xsmallVehicular manslaughter is defined as the causing of another person’s death due to illegal driving of a vehicle. An example of vehicular manslaughter may include reckless driving situations, resulting in the death of a passenger. In these cases, the driver would then be charged with vehicular manslaughter.

Vehicular manslaughter is operating a vehicle in the commission of an unlawful act not amounting to felony with gross negligence; or operating a vehicle in the commission of a lawful act that may culminate in death in an unlawful manner and with gross negligence.

Vehicular manslaughter also includes operating a vehicle in the commission of an unlawful act not amounting to felony but without gross negligence; or operating a vehicle in the commission of a lawful act that may result in death in an unlawful manner, but without gross negligence.

A person so charged may receive a misdemeanor or felony conviction. Moreover, punishment for vehicular manslaughter depends upon whether it is prosecuted as a misdemeanor or a felony. Following is a list of the most commonly seen vehicular manslaughter crimes and their resulting punishments:

A) Vehicular manslaughter with gross negligence (with intoxication) may be punished by up to one year in county jail, or four to 10 years in a state prison. However, if there are one or more priors of this or other particular vehicular felonies, a sentence of 15 years to life in the state prison may be instead imposed.

B) Vehicular manslaughter with gross negligence (without intoxication) may be punished by up to one year in county jail, or two to six years in a state prison.

C) Vehicular manslaughter without gross negligence (without intoxication) may be punished with up to one year in county jail.

D) Vehicular manslaughter without gross negligence (with intoxication) may be punished by up to one year in county jail or 16 months to four years state prison.

E) Vehicular manslaughter with intoxication involved including collisions or accidents caused for financial gain and resulting in the death of any person may be punishable by four to 10 years in state prison.

If you or a loved one was charged with vehicular manslaughter, please contact Rizio & Nelson’s defense attorneys immediately.

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