Penal Code 192(c) PC | Vehicular Manslaughter
Vehicular manslaughter laws in California can be confusing and scary to deal with. This article will break down Penal Code 192(c) PC, which covers vehicular manslaughter, in a simple way. We’ll explain what the law says, penalties, and legal defenses so you understand your rights and options if accused of this crime.
What is Vehicular Manslaughter Under Penal Code 192(c)?
Penal Code 192(c) PC defines vehicular manslaughter as unintentionally causing someone’s death while driving a vehicle. This can happen through ordinary negligence, like speeding or texting while driving. It can also happen through gross negligence, like street racing or driving recklessly.
The key is that you didn’t intend to kill anyone, but your actions behind the wheel led to someone’s death. This distinguishes vehicular manslaughter from murder charges, which require intent to kill.
Vehicular Manslaughter vs. DUI Manslaughter
Another related charge is Penal Code 191.5 PC – vehicular manslaughter while intoxicated. This applies when you cause someone’s death due to DUI. The penalties are harsher than 192(c) PC.
So if you were sober, you’d likely face a 192(c) charge. But if drunk or on drugs, it would likely be 191.5 PC. The substance use makes it worse in the eyes of the law.
Penalties for 192(c) Vehicular Manslaughter
Penal Code 192(c) can be filed as a misdemeanor or felony. This depends on whether you acted with ordinary negligence or gross negligence.
- Ordinary negligence is a misdemeanor, punishable by up to 1 year in county jail.
- Gross negligence can be a misdemeanor or felony, punishable by 2-6 years in state prison.
Factors like criminal history will also play a role. Prosecutors have wide discretion in charging decisions.
Legal Defenses Against 192(c) Charges
There are several ways to challenge vehicular manslaughter charges, including:
- You weren’t negligent – Many accidents happen without negligence. For example, a mechanical failure, medical emergency, or unsafe road conditions could have caused the crash.
- Your actions didn’t cause the death – There may have been other factors, like a defect in the victim’s car or their own negligence.
- You weren’t the driver – Mistaken identity is possible if there were no witnesses.
An experienced California criminal defense lawyer can evaluate the evidence against you and build the strongest defense to fight the charges.
Recent Changes to 192(c) Laws
In September 2022, AB 2683 amended Penal Code 192(c) to increase penalties in certain cases. Now if you commit vehicular manslaughter for financial gain, such as to profit from insurance, it’s punishable by 4-10 years in state prison.
The change aimed to deter staged accidents involving intentional crashes. But it also means higher stakes for those accused, even if the charges seem bogus.
Speak With a Lawyer Before Talking to Police
If you’re involved in an accident with a fatality, it’s critical to avoid making statements before speaking to a lawyer. Police will try getting you to admit fault or negligence.
Anything you say can be used against you, while police are under no obligation to include exculpatory statements. So it’s best to politely decline to answer questions and let your attorney handle communications.
Takeaways
- Penal Code 192(c) PC covers vehicular manslaughter in California – unintentionally causing someone’s death while driving through negligence.
- It can be a misdemeanor or felony depending on whether negligence was ordinary vs gross.
- DUI manslaughter falls under a separate law, 191.5 PC, with harsher penalties.
- Legal defenses include challenging negligence, causation of death, or identity of the driver.
- Recent changes increased penalties for financial gain cases.
- Never talk to police without an attorney after an accident with injuries.
Dealing with vehicular manslaughter charges is extremely difficult. But an experienced criminal defense lawyer can help protect your rights and future. Don’t hesitate to discuss your case in a free consultation.