Grace Legal Group

A manslaughter or vehicular manslaughter charge in California can expose a defendant to serious criminal penalties. Prosecutors must prove each required element of the charged offense, including the defendant’s mental state, conduct, and causal connection to the fatality. Any person facing such a charge is presumed innocent until proven guilty and has the right to raise a strong defense. Our Los Angeles manslaughter defense lawyer can guide you through the key defenses that can potentially change a case in California. 

The Defense Starts With an Understanding of the Precise Charge

California does not treat manslaughter as a single offense. Penal Code § 192 distinguishes voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter. Vehicular homicide is further divided by whether the prosecution alleges gross negligence, ordinary negligence, or intoxication. Gross vehicular manslaughter without intoxication falls under Penal Code § 192(c)(1), while vehicular manslaughter without gross negligence falls under § 192(c)(2). Gross vehicular manslaughter while intoxicated is separately prosecuted under Penal Code § 191.5(a), and § 191.5(b) covers vehicular manslaughter while intoxicated without gross negligence.

Key Takeaway: You need to know the specific charge. The distinction matters because the prosecution must prove every element of the particular offense beyond a reasonable doubt.

The Defense Can Challenge Whether the Conduct Amounted to Gross Negligence

The distinction between ordinary negligence and gross negligence can completely change a vehicular manslaughter case. Gross negligence requires substantially more than ordinary carelessness, inattention, or a mistake in judgment. California defines it as reckless conduct creating a high risk of death or great bodily injury under circumstances in which a reasonable person would recognize that risk. The conduct must represent such a significant departure from ordinary care that it demonstrates disregard for human life or indifference to the consequences.

That creates an important defense opportunity. A fatal traffic accident does not establish gross negligence merely because the defendant made a driving error. Speed, distraction, failure to yield, improper lane movement, or another traffic violation must be evaluated in context. Notably, even in an intoxication case, California law does not permit the jury to infer gross negligence merely from the combination of DUI and a traffic violation. The jury must consider the defendant’s degree of intoxication, manner of driving, and other surrounding circumstances.

Key Takeaway: If the prosecution cannot establish gross negligence, a defendant charged under § 192(c)(1) could potentially face the lesser offense under § 192(c)(2) instead.

Causation Is a Separate Element That the Prosecution Must Prove

A defendant does not commit manslaughter merely because a death occurred after the defendant acted unlawfully or negligently. The prosecution must establish the required causal connection between the defendant’s conduct and the death. California’s vehicular manslaughter instructions provide that an act causes death when death is a direct, natural, and probable consequence of the act and would not have occurred without it. When multiple causes contribute to a fatality, the defendant’s conduct must constitute a substantial factor rather than a trivial or remote factor.

A Sudden Emergency or Unavoidable Accident Can Undermine Negligence

Not every catastrophic driving decision constitutes criminal negligence. California recognizes the sudden emergency doctrine in vehicular manslaughter cases. A driver confronted with a sudden and unexpected emergency that the driver did not create through their own negligence must exercise only the care and judgment that an ordinarily careful person would use under the same emergency circumstances. A later determination that another reaction would have been safer does not necessarily establish negligence.

An Intoxication-Based Manslaughter Charge Requires Proof of DUI

Gross vehicular manslaughter while intoxicated under Penal Code § 191.5(a) adds another major element: the prosecution must prove that the defendant was driving in violation of California’s DUI laws. The current statute incorporates violations of Vehicle Code §§ 23140, 23152, or 23153. Among other things, that means a defense can directly attack the intoxication evidence. In an alcohol case, counsel may examine the timing of the chemical test, sample collection and storage, instrument calibration, laboratory procedures, chain of custody, physiological assumptions used in any retrograde extrapolation, and evidence concerning when alcohol was actually consumed.

Evidentiary and Constitutional Challenges Can Change What the Jury Ever Sees

A manslaughter defense also involves determining whether the prosecution can legally introduce the evidence on which its case depends. Chemical tests, statements, vehicle searches, cell phone evidence, event data recorder information, surveillance footage, and expert opinions may all become subjects of pretrial litigation.

As an example, the defense may challenge whether police had lawful grounds for a detention, arrest, or search; whether a blood sample was obtained in compliance with constitutional requirements; whether an incriminating custodial statement followed a valid Miranda waiver; or whether scientific evidence has an adequate foundation for admission. Successfully suppressing or excluding critical evidence can undermine one or more elements before a jury considers the ultimate charge.

The Bottom Line: A strong defense therefore does not focus solely on obtaining an outright acquittal. Depending on the evidence, successfully defeating intoxication, gross negligence, causation, implied malice, or a predicate unlawful act may all be relevant to the defense strategy. 

How Our Los Angeles Manslaughter Attorney Can Help

Although not as serious as a murder charge, manslaughter is still a very serious felony offense in California. Any person convicted of manslaughter or vehicular manslaughter could face serious state prison time. At Grace Legal Group Inc, we are committed to putting our clients first. Every manslaughter charge requires personal attention from a reliable attorney. Your initial consultation with our Los Angeles manslaughter defense attorney is always strictly confidential. 

Set Up a Confidential Consultation With a Los Angeles Manslaughter Defense Lawyer Today

At Grace Legal Group Inc, our Los Angeles criminal defense lawyer has the experience to defend the full range of homicide cases, including manslaughter and vehicular manslaughter. If you or your loved one was arrested and charged with manslaughter, we can help. Contact us today to set up a fully confidential consultation. With a legal office in Los Angeles, our criminal defense team handles manslaughter cases throughout all of Southern California. 

With Grace legal Group, Inc. You have another chance.

our clients say it best

Client Testimonials

Protecting Your Rights, Defending Your Future

Get in touch with our lawyers today to schedule a consultation and learn how we can help you. We are here to answer your questions and provide you with the support you need during this difficult time.

Client Satisfaction Is Priority

function myFunction() { document.getElementById("text").innerHTML = "Facing criminal charges can be overwhelming. It is our job to make the process as clear as possible and lessen the burden on you. Although achieving success is a team effort, we work for you and do not consider the job done until the results bring peace to you and your loved ones."; document.getElementById("btn").style.display = "none"; }

You Are More Than What They Say

function myFunction1() { document.getElementById("text1").innerHTML = "Human beings are much more than what the prosecution may accuse them of. The prosecution sees over 100 criminal defendants in a day. Our clients must stand out among the rest. To do that, our firm creates mitigation packets to give to the prosecutor and the court. Your version of events, our legal analysis, evidence that can support our defense, letters of character, community engagement, and much more is included in this mitigation packet. We have effectively changed the way the prosecution works with clients who come from Grace Legal Group."; document.getElementById("btn1").style.display = "none";}

We Always Go The Extra Mile

function myFunction11() { document.getElementById("text11").innerHTML = "The police are not perfect. So to combat this, our investigative team of former law enforcement examines and reviews every aspect of the case leaning on every ounce of their prior experience. This allows for a thorough analysis of Strengths, Weaknesses, Opportunities, and Threats. Legal Motions are regularly drafted and submitted throughout the process to hold both the police and the prosecutor accountable. The Constitution must be upheld in other courts."; document.getElementById("btn11").style.display = "none"; }

"With Grace, There's Always a Second Chance"

Zino O. Osehobo, Esq.
Managing Attorney

Take Advantage of Our 100% Free Consultation To Secure Redemption

Fill In The Form

By submitting this form, you agree to our Terms & acknowledge our Privacy Policy.