Whether or not you go to jail for vehicular manslaughter depends on the type of vehicular manslaughter you’re convicted of.
In general, vehicular manslaughter is when someone is killed by someone driving a vehicle negligently. But there are two types of vehicular manslaughter …
Vehicular manslaughter with gross negligence occurs when a misdemeanor or infraction is committed, or when a lawful act is committed in a way that could cause death and in fact causes the death of another person.
Gross negligence is when someone acts recklessly with a high risk of causing death or great bodily injury and they knew or should have known their actions could cause harm or death to another person.
Ordinary or misdemeanor vehicular manslaughter is different because ordinary negligence is when someone fails to use reasonable care to prevent harming someone.
Vehicular manslaughter with gross negligence is a wobbler, meaning it can be charged as a misdemeanor or a felony depending on the circumstances of the case and the defendant’s criminal history.
As a misdemeanor, the possible penalties include:
As a felony, the possible penalties include:
Ordinary vehicular manslaughter is a misdemeanor, and the penalties include:
An experienced local criminal defense lawyer can help you understand the nuances of whether or not you would go to jail for vehicular manslaughter if convicted. They can also advise you on the legal defenses for your charges.
A good vehicular manslaughter attorney like Mark Broughton will fight for you and for your right to a fair trial.
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