It is important to understand California criminal law and how you potentially could be charged if you were driving a vehicle and someone died. Getting into a car accident is a terrible experience, and if someone was injured and/or died in the process, the aftermath for everyone involved is tragic. Even if you were not trying to harm anyone – you could still be charged with a crime.
If someone dies as a result of your driving, there are several codes under which you can be charged. Understanding the difference is important, as is working with a skilled lawyer that can help get the charges reduced and argue your defense on your behalf.
Penal Code 187 [Murder]
This criminal law code might apply if someone was killed as a result of your driving while committing a felony. For example, if you committed a robbery and were fleeing from the police and, as a result of speeding, someone was killed – this criminal charge could apply. These cases are rare, but it gives you an idea of one of the situations under which you could be charged with murder even if you did not intend to hurt anyone.
Penal Code 192 [Vehicular Manslaughter]
This situation is far more common and applies when a person is driving and commits an unlawful act that is not a felony. This code may also apply even if your actions are lawful but someone dies as a direct consequence of your actions. You can also be charged under this code if you were driving negligently and someone was killed as a result of your negligent driving. For example, while making a right-hand turn, you hit a person with your vehicle and they died as a result of your conduct, though the act of making the turn was legal, you could be charged with vehicular manslaughter. You turning your vehicle would not be considered illegal in and of itself, but by choosing to make the turn, your actions caused someone to die and therefore you could be charged with a crime.
Penal Code 191.5 [Manslaughter]
If you are under the influence of alcohol or drugs when driving and someone is killed as a result, you would likely be charged under this criminal law statute. California has a specific law for these types of situations and the government would have to prove that you were intoxicated in order to get a conviction.
Each one of the above crimes comes with various penalties. As a criminal lawyer, I work diligently to have the charges reduced whenever possible. If you are currently facing the possibility of being charged with one of these crimes, it is important to speak with a lawyer and start working on your criminal defense immediately. In a situation where someone dies as a result of your seemingly minimal conduct, such as sending a text message, it may seem unreal that you would need a lawyer to represent you and to fight for your freedom. The reality is that if someone died because of your driving or conduct, you need a criminal lawyer, and you need a good one. The decision to hire a specific attorney can influence the rest of your life.
