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Over 17 years of experience
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San Diego Manslaughter Attorney

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Manslaughter

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.

 

Voluntary Manslaughter

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

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.

Vehicular Manslaughter

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:

  • Speeding
  • 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.

What Makes Us Different?

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.

Why You Need a Manslaughter Attorney?

Defending Against Vehicular Manslaughter Charges – California Penal Code 192(c)(1)

At the Law Office of Bradley Corbett, I have 18 years of experience defending clients against serious felony and misdemeanor charges, including vehicular manslaughter under California Penal Code 192(c)(1) (PC 192(c)(1)). Vehicular manslaughter is a devastating charge that can result in prison time, loss of driving privileges, and a permanent criminal record. So you will definitely need the help of an expert manslaughter attorney. However, not every fatal accident is a crime. The prosecution must prove negligence, and in many cases, they overcharge drivers who simply made a mistake. If you or a loved one has been accused of vehicular manslaughter in San Diego, Vista, Oceanside, Escondido, or Carlsbad, I can help you fight the charges and protect your future.

Understanding Vehicular Manslaughter Under Penal Code 192(c)(1)

Vehicular manslaughter occurs when: ✔ A driver causes the death of another person ✔ Due to gross negligence ✔ While committing a lawful act or a misdemeanor This means the prosecution must prove that you acted with gross negligence—which is much more than just ordinary carelessness. And we will work as your very own manslaughter attorney to defend you.

What Is Gross Negligence?

Under California law, gross negligence means:
  • Acting in a reckless way that creates a high risk of death or serious injury
  • A reasonable person would have known the conduct was dangerous
It is not enough for the prosecution to prove that you made a mistake or were simply negligent—they must prove that your actions were so reckless that they put others in extreme danger.

Common Examples of Vehicular Manslaughter

Over the years, I have defended many clients charged with PC 192(c)(1). Here are some common scenarios where the prosecution files vehicular manslaughter charges:
  1. Speeding and Losing Control of a Vehicle
If a driver is going well over the speed limit, weaving through traffic, and loses control of their vehicle, resulting in a fatal crash, the prosecution may charge them with vehicular manslaughter due to gross negligence. 🔹 Example: A driver is going 95 mph in a 55-mph zone, runs a red light, and crashes into another car, killing a passenger. The DA may charge them with vehicular manslaughter based on excessive speed and reckless behavior.
  1. Street Racing Accidents
Illegal street racing is often charged as vehicular manslaughter if a fatal crash occurs. Even if the driver did not directly hit the victim, they could still be charged if their actions contributed to the crash. 🔹 Example: Two drivers are racing down a busy street. One of them loses control and crashes into a pedestrian. Even though the other driver didn’t hit anyone, they may still be charged with vehicular manslaughter for participating in the race.
  1. Texting While Driving or Distracted Driving
While texting and driving is illegal, it is not normally a criminal offense. However, if someone is distracted and causes a fatal crash, the prosecution may argue that the level of negligence rises to gross negligence, resulting in PC 192(c)(1) charges. 🔹 Example: A driver is looking at their phone and runs a stop sign, hitting and killing a bicyclist. The DA may charge them with vehicular manslaughter due to gross negligence.
  1. Running a Red Light or Stop Sign
If a driver runs a red light or stop sign and causes a fatal crash, the prosecution may charge them with vehicular manslaughter—especially if they were going far over the speed limit or acting recklessly. 🔹 Example: A driver speeds through a stop sign in a residential neighborhood and crashes into a pedestrian crossing the street. The DA may charge them with vehicular manslaughter due to gross negligence.

Potential Penalties for Vehicular Manslaughter – PC 192(c)(1)

Vehicular manslaughter under PC 192(c)(1) is a “wobbler” offense, meaning it can be charged as a misdemeanor or felony, depending on the circumstances.

Misdemeanor Penalties (PC 192(c)(1))

  • Up to 1 year in county jail
  • Fines up to $1,000
  • Misdemeanor probation
  • Driver’s license suspension

Felony Penalties (PC 192(c)(1))

  • 2, 4, or 6 years in state prison
  • Fines up to $10,000
  • Felony probation (in some cases)
  • Driver’s license revocation

Enhancements for Gross Negligence and DUI

  • If the prosecution alleges gross negligence, they will push for a felony charge.
  • If alcohol or drugs were involved, the case may be charged as DUI manslaughter under PC 191.5(a), which carries harsher penalties.

Defenses to Vehicular Manslaughter Charges

I have successfully defended many vehicular manslaughter cases by challenging the prosecution’s evidence and proving that my clients were not grossly negligent. Some of the strongest defenses include:
  1. The Accident Was Unavoidable
Sometimes, accidents happen due to factors outside a driver’s control—such as bad weather, road hazards, or sudden mechanical failure. If I can prove that the crash was unavoidable, you cannot be convicted of vehicular manslaughter.
  1. No Gross Negligence (Ordinary Negligence Is Not Enough)
Many vehicular manslaughter cases hinge on proving gross negligence. I will argue that your actions did not rise to the level of reckless disregard for life. PC 192(c)(3) 🔹 Example: You were speeding slightly over the limit but had no intent to drive recklessly. I can argue that this was ordinary negligence, not gross negligence, which could reduce the charges or lead to a dismissal.
  1. Lack of Evidence or Faulty Accident Reconstruction
The prosecution often relies on accident reconstruction experts to prove their case. However, these reports can be flawed. I work with defense experts to challenge skid mark analysis, speed calculations, and witness statements.
  1. False Accusations or Misidentification
If there is no clear evidence that you were the driver, I can argue that the prosecution cannot prove their case beyond a reasonable doubt. 🔹 Example: If you were in a car accident but someone else was driving, I will aggressively challenge false witness statements or unreliable evidence.

Why Choose the Law Office of Bradley Corbett?

Bradley R. Corbett_Criminal Defense Attorney_Manslaughter Attorney ✔ 18 Years of Experience Defending Vehicular Manslaughter Cases ✔ Deep Knowledge of San Diego Courts and Local Prosecutors ✔ Strong Relationships with Accident Reconstruction Experts ✔ Proven Track Record of Reducing Charges or Getting Cases Dismissed ✔ Aggressive Negotiator Who Fights for the Best Possible Outcome

Contact bradley 24/7 nights & weekends

Don’t wait until it is too late! Delaying or even denying yourself the counsel and strength we can provide you could have life changing consequences. Call us today and let an experienced San Diego criminal defense attorney help you protect your freedoms, life, and family.

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San Diego Office
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8880 Rio San Diego Dr. Suite 800 San Diego, CA 92108 Tel: (619) 800-4449
North County Office
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440 S Melrose Dr, Suite 204 Vista , CA 92081 Tel: (760) 201-9839
Temecula Office
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41593 Winchester Rd #200 Temecula, CA 92590 Tel: (951) 732-8611
Email: Bradley@Bradleycorbettlaw.com