Los Angeles Vehicular Manslaughter Lawyer | Vehicular Homicide Defense

Have you been accused of vehicular manslaughter? Contact the Helfend Law Group today at 800-834-6434.

A fatal accident can change lives in an instant. Many cases involve ordinary drivers who make a single mistake, such as looking down at a phone, pushing through a yellow light, or failing to yield.

What begins as a momentary lapse can lead to devastating consequences. When this results in another person’s death, prosecutors can sometimes file vehicular manslaughter charges, exposing you to prison time, large fines, and a permanent criminal record.

Vehicular manslaughter is punished severely in California. Depending on the facts, a conviction can bring up to six years in state prison. The stakes are high, and prosecutors in Los Angeles County pursue these cases aggressively.

If you or a loved one have been charged, it’s important to speak with an experienced vehicular manslaughter attorney who understands the law and how to build a defense. Call Los Angeles vehicular manslaughter lawyer Robert M. Helfend today at 800-834-6434.

What is vehicular manslaughter?

California Penal Code § 192(c) defines vehicular manslaughter as causing another person’s death while driving a motor vehicle, without malice, through negligent or unlawful actions. The statute recognizes three main types:

  • Vehicular manslaughter with gross negligence – PC 192(c)(1)
  • Vehicular manslaughter with ordinary negligence (misdemeanor) – PC 192(c)(2)
  • Vehicular manslaughter for financial gain – PC 192(c)(3)

Each offense has distinct elements and penalties.

Vehicular manslaughter with gross negligence

Vehicular manslaughter with gross negligence is the most serious charge under PC 192(c). To convict, prosecutors must prove:

  • You committed an unlawful act (not a felony) or a lawful act in an unlawful manner while driving.
  • The act was dangerous to human life.
  • You acted with gross negligence.
  • Your actions directly caused another person’s death.

Gross negligence means more than simple carelessness. It involves conduct that shows a reckless disregard for human life. A reasonable person would have recognized the behavior as highly dangerous. Examples include driving 30 miles over the speed limit on residential streets, engaging in street racing, or running multiple red lights.

A felony vehicular manslaughter conviction can result in two, four, or six years in California state prison, along with fines up to $10,000. If charged as a misdemeanor, penalties are lighter but still serious. Even a short period of incarceration can disrupt careers, families, and reputations.

Misdemeanor vehicular manslaughter

Under PC 192(c)(2), misdemeanor vehicular manslaughter applies when someone dies because of ordinary negligence behind the wheel. Ordinary negligence means failing to use reasonable care, such as rolling through a stop sign, not checking blind spots, or misjudging pedestrian movement.

Penalties include up to one year in county jail, summary probation, and fines up to $1,000. The California DMV will also suspend or revoke the driver’s license for at least three years following a conviction. For many people, losing the right to drive is one of the harshest consequences, making it difficult to work or care for family members.

Vehicular manslaughter for financial gain

PC 192(c)(3) covers cases where a person deliberately causes or stages a crash for financial benefit, and someone dies as a result. This is most often linked to staged insurance fraud schemes. Because the act is intentional, it is always prosecuted as a felony.

Sentencing includes four, six, or ten years in state prison, fines up to $10,000, and a strike on the defendant’s record under California’s Three Strikes Law. This is one of the harshest categories of vehicular manslaughter because it combines intent with a fatal outcome.

Penalties and collateral consequences

In addition to incarceration, a vehicular manslaughter conviction often leads to other penalties:

  • License suspension or revocation by the DMV, typically for at least three years.
  • Restitution to the victim’s family.
  • Increased insurance rates or loss of coverage.
  • A permanent criminal record, making employment and housing more difficult.

If the conviction is a felony, collateral consequences include loss of firearm rights, ineligibility for certain professional licenses, and long-term restrictions under California law. Courts also have discretion to impose probation terms requiring community service, substance abuse counseling, or safe driving courses.

Aggravating factors such as prior convictions, multiple victims, or leaving the scene of the accident can increase sentences. Mitigating factors, such as a clean driving record or genuine remorse, may help reduce exposure. Judges in Los Angeles County evaluate these circumstances closely when determining punishment.

Vehicular homicide vs. vehicular manslaughter

Some states distinguish between vehicular homicide and vehicular manslaughter. In California, unlawful deaths involving motor vehicles are prosecuted as manslaughter unless prosecutors pursue murder charges. If malice or conscious disregard for human life is proven, such as in repeat DUI cases, the charge may be elevated to second-degree murder under the Watson rule. Without malice, California courts use the manslaughter framework.

This distinction matters because it shapes the possible penalties. Manslaughter focuses on negligence, while murder requires proof of a more culpable mental state. A skilled vehicular manslaughter lawyer will fight to prevent charges from being elevated to murder.

Vehicular manslaughter while intoxicated

California has separate statutes for DUI-related fatalities. Under PC 191.5, there are two main categories:

  • Vehicular manslaughter while intoxicated with ordinary negligence – punishable by up to one year in jail if a misdemeanor, or up to four years in state prison if a felony.
  • Gross vehicular manslaughter while intoxicated – punishable by four, six, or ten years in state prison, with harsher penalties for prior DUI convictions.

Prosecutors often pursue these cases aggressively. Drivers with prior DUI convictions are warned that future fatal accidents can lead to murder charges. This makes DUI-related vehicular manslaughter among the riskiest charges to face in California criminal courts. Judges in Los Angeles often impose lengthy prison sentences in these cases, and juries may be unsympathetic due to the dangers of impaired driving.

How are vehicular manslaughter cases handled in Los Angeles?

Vehicular manslaughter cases in Los Angeles are often handled by specialized units within the District Attorney’s Office. Prosecutors take an aggressive stance, especially in high-profile or DUI-related cases. Courts in downtown Los Angeles, Van Nuys, and Long Beach see heavy caseloads, which can affect plea negotiations and trial timelines. Judges frequently impose license suspensions and restitution as part of sentencing.

Law enforcement agencies in Los Angeles County often work with accident reconstruction experts and use advanced data, such as vehicle computer records, to support charges. These resources make early intervention by a defense attorney essential. A skilled lawyer can ensure evidence is preserved, challenge technical findings, and negotiate from a position of strength.

Defenses against vehicular manslaughter charges

Even with tragic outcomes, not every accident is a crime. An experienced vehicular manslaughter lawyer will look at every aspect of the case to challenge the prosecution. Common defenses include:

Challenging the evidence

Defense attorneys analyze police reports, accident reconstructions, and witness statements for inconsistencies. They may question speed estimates, visibility, or the accuracy of toxicology tests. Dashcam or traffic camera footage can also be critical in disproving prosecution claims.

Proving lack of negligence

A sudden emergency, such as debris in the road or another driver swerving unexpectedly, can explain an accident without proving negligence. If the defendant’s conduct was consistent with what a reasonable person would do, there may be no criminal liability.

Disputing causation

To convict, prosecutors must show the defendant’s driving caused the death. Defense attorneys may argue that another driver, a medical condition, or unsafe road design was the true cause. If causation is unclear, reasonable doubt exists.

Why choose the Helfend Law Group

Robert M. Helfend has more than 40 years of experience defending clients in Los Angeles against serious criminal charges, including vehicular manslaughter. He has tried over 4,000 cases and secured not-guilty verdicts in homicide trials. His work has earned recognition as a Top 100 Trial Lawyer, Lead Counsel Rated Attorney, and Super Lawyer. Clients describe him as knowledgeable, compassionate, and relentless in his defense.

Helfend’s approach combines thorough investigation with aggressive courtroom strategy. He challenges the prosecution’s narrative, exposes weaknesses in their evidence, and seeks to reduce charges or obtain dismissals where possible. With his familiarity with Los Angeles courts, judges, and prosecutors, clients benefit from his deep local experience.

Facing vehicular manslaughter charges is overwhelming, but you do not have to face it alone. The Helfend Law Group is ready to provide immediate, confidential support. If you or a loved one are charged with vehicular manslaughter in Los Angeles, call Robert M. Helfend at 800-834-6434 for a free consultation. With the right lawyer by your side, you can fight for your future.

Published February 1, 2020. Updated September 13, 2025.

References

  1. California Penal Code § 191.5. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=191.5&lawCode=PEN
  2. California Penal Code § 192. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=192&lawCode=PEN