California Penal Code 192 states that manslaughter is the “unlawful killing of a human being without malice.” Manslaughter is separated into three categories: vehicular, voluntary, and involuntary. When an individual is charged with manslaughter in any degree or kind, it can drastically impact their life and the lives of all those involved permanently. If you or a loved one has been charged with any form of manslaughter, a San Diego criminal defense attorney at the Law Offices of Bradley R. Corbett will scrutinize and examine all evidence involved in order to prove a solid defense for your case.
In most instances when an individual is killed by another person, the case is tried as murder. The sentence for murder is usually life in prison, so many of these cases are defended by pleading guilty to voluntary manslaughter. The punishment for voluntary manslaughter is 3-11 years in prison, so pleading that voluntary manslaughter was committed is much better than being convicted of murder.
Involuntary manslaughter is described as a homicide in which there was no intention to kill or do serious harm to another person’s body, but that was committed with criminal carelessness or during the commission of an unlawful act that was less serious than a felony. California Penal Code 193 states that this crime is punishable by two to four years in prison.
Under California Penal Code 192.5, vehicular manslaughter occurs when an individual causes an accident by driving recklessly or by committing a traffic violation. The accident could be caused by doing any of the following:
- Texting or talking on your cell phone without the help of a hands free device
- Driving through a crosswalk and hitting a pedestrian
- Driving in any dangerous or unlawful way that resulted in an unintentional death
Depending on the circumstances of the accident, punishment for vehicular manslaughter could be anywhere between less than one year in a county jail to 10 years in California State Prison.
Gross Vehicular Manslaughter
This is a difficult law to understand and to defend for anyone not experienced and studied in criminal law. There are two things that the prosecution must prove in order to show that you are guilty of this crime. First, that you were driving in a manner that showed gross negligence, and second, that you committed a traffic violation that caused the accident to happen. If the prosecution cannot show that these two instances happened, there is a good chance that your charge could be reduced or dismissed.
Don’t try to fight this charge yourself. If you have been accused of gross vehicular manslaughter, a San Diego manslaughter defense attorney at the Law Offices of Bradley R. Corbett can analyze your case and create the best defense possible in order to get your charges reduced or dismissed.
Why Choose the Law Offices of Bradley R. Corbett?
We can defend your case by using various methods and strategies we have developed by handing hundreds of criminal law cases in San Diego County over the past several years. We realize that being charged with murder can leave anyone feeling like they have no hope left. The expert legal team at the Law Offices of Bradley R. Corbett can help restore your hope and preserve your freedom. We offer free consultations to anyone who has been charged with a crime, including all forms of manslaughter. We have an excellent track record of helping our clients get their charges reduced or dismissed, allowing them to retain their freedom and live life as they know it. Don’t wait to get the best team of San Diego criminal defense lawyers on your team – call or visit our office today.