Vehicular Manslaughter

Charged with Vehicular Manslaughter? Call us Today!

A fatal crash doesn’t always lead to murder charges—but that doesn’t make the consequences any less serious. In California, vehicular manslaughter can result in life-changing penalties, even if the death was unintentional. Whether you’re facing accusations after a DUI, distracted driving, or a moment of poor judgment behind the wheel, the legal system will move fast—and so should you. A single charge can jeopardize your freedom, your career, and your future, especially if prosecutors push for a felony conviction under California Penal Code 191.5.

At the Law Office of Wing & Parisi, we’ve helped clients across Sacramento navigate the legal fallout of fatal accidents. We understand that these cases often involve shock, grief, and complex facts—not just criminal intent. If you or a loved one has been arrested or is under investigation for vehicular manslaughter, now is the time to protect your rights and get legal counsel that knows how to fight.

Call (916) 441-4888 or contact us online for a free, confidential consultation. We’re ready to help.

What Is Vehicular Manslaughter Under California Law?

In California, vehicular manslaughter refers to the unlawful killing of another person while driving, without intent to kill, but with some level of negligence or violation of traffic laws. These cases are typically charged under California Penal Code § 192(c) or § 191.5 if alcohol or drugs were involved. While the person behind the wheel didn’t intend to kill, their actions—or failure to act responsibly—led to a fatal outcome.

It’s important to understand that vehicular manslaughter is not the same as murder. Murder requires “malice aforethought,” or a deliberate intention to take a life. Manslaughter, by contrast, involves no premeditation. Still, the consequences can be devastating—especially when prosecutors pursue felony charges or claim “gross negligence.”

If you’ve been accused of vehicular manslaughter in Sacramento, you’re likely facing complex legal questions, public scrutiny, and intense emotional stress. Our team at Wing & Parisi is here to help you understand the legal landscape and build a defense tailored to your specific case.

Types of Vehicular Manslaughter Charges in California

Not all vehicular manslaughter charges are the same. California law separates these offenses based on the driver’s behavior, the presence of alcohol or drugs, and the degree of negligence involved. Whether you’re facing a misdemeanor or felony depends heavily on these legal distinctions. Below, we break down the three main categories you need to understand.

Gross Vehicular Manslaughter While Intoxicated – Penal Code § 191.5(a)

This is the most serious form of vehicular manslaughter. It applies when a person drives under the influence of alcohol or drugs and engages in conduct considered “grossly negligent,” such as excessive speeding or running a red light. Prosecutors must prove that you were impaired and that your reckless behavior directly caused someone’s death.

This charge is always a felony and carries severe consequences, including up to 10 years in state prison. If you have a prior DUI conviction, it can escalate even further under the Watson rule (discussed below).

Vehicular Manslaughter While Intoxicated – Penal Code § 191.5(b)

This charge also involves DUI but with “ordinary” negligence rather than gross negligence. An example might include a driver who was over the legal limit but caused a crash by making a legal but unsafe turn. While still serious, this offense can be filed as either a misdemeanor or a felony, depending on the facts and your record.

Penalties range from one year in jail (misdemeanor) to four years in prison (felony), plus license suspension and long-term consequences for your record.

Vehicular Manslaughter Without Intoxication – Penal Code § 192(c)

When a driver causes a death without being under the influence of drugs or alcohol, charges may be filed under Penal Code § 192(c). These cases usually involve:

• Distracted driving (e.g., texting or using a phone)
• Speeding or racing on public roads
• Running a stop sign or red light
• Failing to yield or making unsafe lane changes

Like DUI-related manslaughter, these charges can also be classified as misdemeanors or felonies depending on whether prosecutors claim ordinary or gross negligence. The distinction is critical—and we know how to challenge it.

To learn more about how these charges relate to other driving offenses, visit our DUI defense and felony defense pages.

Common Scenarios That Lead to Vehicular Manslaughter Charges

Vehicular manslaughter charges often stem from tragic, unexpected events—ones where a driver never intended harm but made a decision that resulted in fatal consequences. In many cases, it takes just one lapse in judgment for prosecutors to allege criminal wrongdoing. Below are some of the most common situations that can lead to these charges in California.

DUI Crashes Resulting in Death

Driving under the influence remains one of the leading causes of vehicular manslaughter charges in California. If alcohol or drugs are involved in a fatal collision, prosecutors may quickly file charges—especially if your blood alcohol content (BAC) was above the legal limit or you have a prior DUI on record. This is often where gross vehicular manslaughter while intoxicated comes into play.

Reckless or Aggressive Driving

Street racing, weaving through traffic at high speeds, or ignoring traffic signals can all be considered grossly negligent conduct—especially if someone is killed as a result. Even without drugs or alcohol, these behaviors can support a felony vehicular manslaughter charge under Penal Code § 192(c).

Distracted Driving

Using your phone while driving—whether to text, make a call, or check GPS—may seem minor. But if it leads to a fatal crash, prosecutors can treat it as negligent or even grossly negligent depending on the circumstances. This is one of the fastest-growing sources of vehicular manslaughter cases statewide.

Falling Asleep at the Wheel

Fatigue-related accidents may result in charges if a driver knew they were too tired to operate a vehicle safely. If prosecutors believe you ignored warning signs or failed to pull over, they may argue that your decision meets the threshold for criminal negligence.

Driver Inexperience or Panic

New or nervous drivers may make unsafe maneuvers during high-pressure situations—like swerving into oncoming traffic or slamming on the brakes at the wrong time. Even if panic sets in, prosecutors may pursue charges if they believe your actions fell below what a “reasonable person” would do.

If you’ve been involved in any of these scenarios, contact us immediately. The earlier we can investigate and preserve key evidence, the stronger your defense will be. Start with a free consultation by calling (916) 441-4888 or visiting our contact page.

Penalties and Consequences of Vehicular Manslaughter in California

The punishment for vehicular manslaughter in California depends heavily on how the offense is charged—misdemeanor or felony—as well as whether DUI, gross negligence, or a prior criminal record is involved. Regardless of classification, the consequences can be life-altering. A conviction may affect your freedom, your license, and your future opportunities.

Misdemeanor Vehicular Manslaughter

When prosecutors allege ordinary negligence—such as a minor traffic mistake without alcohol or gross recklessness—they may file the case as a misdemeanor. Penalties may include:

• Up to 1 year in county jail
• Summary probation
• Mandatory license suspension by the DMV
• Permanent criminal record

While less severe than a felony, a misdemeanor conviction can still disrupt your career, affect immigration status, and lead to civil liability for wrongful death claims.

Felony Vehicular Manslaughter

Felony charges are typically based on allegations of gross negligence, intoxication, or both. Sentencing can vary based on the specific offense:

• Gross vehicular manslaughter while intoxicated: 4, 6, or 10 years in state prison (Penal Code § 191.5(a))
• Vehicular manslaughter while intoxicated: 16 months, 2, or 4 years (Penal Code § 191.5(b))
• Felony non-DUI vehicular manslaughter: Up to 6 years in state prison (Penal Code § 192(c)(1))

Additional penalties may include:

• Driver’s license revocation
• Felony probation or parole
• Restitution to the victim’s family
• Enhanced sentencing for multiple victims or prior DUI convictions

The Watson Rule: When Manslaughter Becomes Murder

Under California’s “Watson Rule,” a driver with a prior DUI conviction who kills someone while driving under the influence can be charged with second-degree murder. This stems from a formal advisement given after a DUI conviction, which warns drivers of the deadly risks of impaired driving. If prosecutors can prove you knew those risks and chose to drive anyway, you could face 15 years to life in prison under Penal Code § 187.

This rule raises the stakes significantly—and highlights why early, strategic legal representation is essential if you have any DUI history.

Legal Defenses Against Vehicular Manslaughter Charges

Just because you’re charged with vehicular manslaughter doesn’t mean you’re guilty—or that the prosecution’s version of events is accurate. Many of these cases involve gray areas around causation, negligence, and evidence. At the Law Office of Wing & Parisi, we challenge the assumptions behind the charge and build a tailored defense based on the facts.

Lack of Negligence

The prosecution must prove that your conduct was negligent—or grossly negligent—to secure a conviction. If we can show that you acted as a reasonable driver would under the circumstances, the case may fall apart. Sometimes, what seems reckless at first glance was actually a quick decision in a split-second emergency.

Causation Disputes

Even if a fatal crash occurred, it doesn’t always mean your actions directly caused the death. We may be able to show that another driver, weather conditions, or a mechanical failure played a larger role than alleged. Without clear causation, the state cannot prove its case beyond a reasonable doubt.

Challenging Sobriety Evidence

In DUI-related cases, we scrutinize how chemical tests were administered, whether the results were accurate, and whether officers followed proper procedure. Breathalyzers, blood draws, and field sobriety tests are not always reliable—and lab errors happen more often than people realize.

Unlawful Arrest or Constitutional Violations

If law enforcement violated your rights—through an illegal stop, lack of probable cause, or failure to read your Miranda rights—we may be able to suppress critical evidence. This can lead to a reduction or complete dismissal of charges.

Emergency or Necessity Defense

If you were responding to an emergency—such as swerving to avoid a pedestrian or vehicle—you may have had no safe alternative. We can argue that your actions, even if technically unlawful, were justified by the situation at hand.

The sooner you contact a qualified criminal defense attorney, the more options you have to fight back. We begin investigating immediately—while evidence is fresh and before the prosecution gains momentum.

What to Do Immediately After a Vehicular Manslaughter Arrest

In the hours and days following a fatal crash, every move you make can impact your case. Prosecutors may already be building their file. Law enforcement may be pressuring you to talk. And you may be unsure who to trust or what to say. That’s why taking the right steps early is critical—and why having an experienced defense team in your corner can change the outcome.

Do Not Talk to Police Without Legal Representation

No matter how polite or casual the officer seems, you are not required to explain yourself without a lawyer present. Anything you say—at the scene, in the hospital, or during an interview—can be used against you later. If you’ve already been arrested or questioned, do not try to “clarify” your statement. Contact us immediately at (916) 441-4888.

Preserve Evidence That Could Support Your Defense

In many cases, physical evidence disappears fast. Witnesses forget. Surveillance footage gets erased. If possible, take steps to:

• Secure dashcam or home camera footage of the incident
• Document vehicle damage, skid marks, or road hazards
• Identify witnesses and collect their contact information
• Note weather, traffic, and lighting conditions at the scene

We assist clients with prompt investigations to ensure no critical evidence is lost.

Do Not Post Anything on Social Media

It’s natural to want to explain your side—but social media is the worst place to do it. Prosecutors and civil attorneys often monitor posts, comments, and photos. Even a well-meaning message of sympathy can be twisted in court. Stay silent publicly and let your attorney speak for you.

Request Legal Representation Before DMV Action Is Taken

If the case involves DUI or results in felony charges, the California DMV may move to suspend your license. You have a limited window to request a hearing and challenge the suspension. We can help you preserve your driving privileges while we fight your case.

For DUI-related charges, visit our DUI defense page to learn how we protect clients facing alcohol-related accusations.

Why Early Legal Representation Matters

When you’re facing vehicular manslaughter charges, waiting to “see what happens” is one of the worst decisions you can make. Prosecutors move quickly to gather statements, request records, and lock in their version of events. The sooner we get involved, the more control you have over the direction of your case—and the more opportunities we have to limit the damage.

We Start Building Your Defense from Day One

At the Law Office of Wing & Parisi, we don’t just wait for your court date—we get to work immediately. Our team investigates the scene, interviews witnesses, obtains crash data, and challenges the assumptions behind the charge. Whether you’re facing a misdemeanor or a second-degree murder allegation under the Watson rule, we treat every case with urgency and precision.

We Handle the DMV and the Court System

Criminal charges aren’t the only risk. In DUI-related cases, the California DMV can suspend your license before you ever see a judge. We represent you in administrative hearings to protect your ability to drive, while simultaneously defending you in court. With decades of experience in Sacramento courts, we know how to navigate both systems effectively.

We Fight for Reductions, Dismissals, and Second Chances

Not every case goes to trial—but that doesn’t mean you should settle for a quick plea. We work to uncover legal or factual weaknesses in the prosecution’s case, and we negotiate aggressively to reduce charges, avoid prison time, or secure alternative sentencing options when possible. In the right circumstances, we may even pursue a full dismissal.

If you or someone you love is facing a vehicular manslaughter investigation or charge, don’t wait. Contact a Sacramento defense team that knows how to fight—and win—when everything is on the line. Call us today at (916) 441-4888 or reach out through our online contact form.

Contact Sacramento Criminal Defense Attorney

A vehicular manslaughter charge is overwhelming—but you don’t have to face it alone. At the Law Office of Wing & Parisi, we’ve spent decades defending clients across Sacramento against serious criminal allegations, including DUI-related fatalities, felony traffic offenses, and complex vehicular manslaughter cases. We know how to challenge flawed evidence, expose weak prosecution theories, and build smart, strategic defenses that protect your future.

You deserve a legal team that doesn’t back down—and one that understands how much is at stake. Whether you’re being questioned by law enforcement or already facing formal charges, the time to act is now.

Call (916) 441-4888 for a free, confidential consultation or reach out through our online form. We’ll listen, evaluate your situation, and take action—fast. When your freedom is on the line, we fight to win.

Charged with Vehicular Manslaughter?

A fatal accident can lead to serious criminal charges—even if you never intended to harm anyone. At the Law Office of Wing & Parisi, we bring over 76 years of combined experience to every case—fighting to reduce or dismiss charges, protect our clients’ freedom, and preserve their future.

We defend individuals across Sacramento, Yolo, Placer, and San Joaquin Counties. Whether you’re under investigation or already arrested, our team will move fast to build a strong, strategic defense.

Call (916) 441-4888 or contact us online for a free and confidential consultation. Se habla español.