San Diego Vehicular Manslaughter Lawyer

Vehicular manslaughter in California is causing a death while driving, either while committing an unlawful act that is not a felony or while doing a lawful act in an unlawful manner (Penal Code 192(c)). With gross negligence it is a wobbler, punishable by up to one year in county jail or 2, 4 or 6 years in state prison; with ordinary negligence it is a misdemeanor carrying up to one year in county jail (Penal Code 193(c)).

When the driver was under the influence, the charge becomes vehicular manslaughter while intoxicated under Penal Code 191.5: up to one year in county jail or 16 months, 2 or 4 years without gross negligence, and 4, 6 or 10 years in state prison with gross negligence. You can also end up with a license suspension if convicted of the crime.

The punishment depends on what the prosecution can prove: whether the driving was unlawful, whether the negligence was ordinary or gross, and whether your driving actually caused the death. The line between those categories, and between a misdemeanor and a felony filing, is where many of these cases are decided.

What Is the Difference Between PC 192(c) and PC 191.5?

California actually has several different vehicular manslaughter statutes, and which one the District Attorney files makes an enormous difference in what you are facing. Penal Code section 192(c)(1) covers vehicular manslaughter with gross negligence — meaning the prosecutor claims you acted so recklessly that you showed a disregard for human life. This is a "wobbler," which means it can be filed as either a misdemeanor or a felony, with felony exposure of 2, 4 or 6 years.

Penal Code section 192(c)(2) covers vehicular manslaughter with only ordinary negligence — a simple failure to use reasonable care, like glancing at your phone or misjudging a lane change. That version is a misdemeanor punishable by up to one year in county jail. The line between "ordinary" and "gross" negligence is where many of these cases are won or lost, and it is exactly where an experienced defense lawyer applies pressure.

If alcohol or drugs were involved, the stakes climb sharply. Penal Code section 191.5(b), vehicular manslaughter while intoxicated without gross negligence, is a wobbler carrying up to one year in county jail or 16 months, 2 or 4 years under Penal Code 1170(h). Penal Code section 191.5(a), gross vehicular manslaughter while intoxicated, carries 4, 6 or 10 years. And if you have a prior DUI conviction, prosecutors may even attempt to charge second-degree murder under the "Watson" doctrine, which carries 15 years to life. Getting a charge filed at the right level — or knocked down to the right level — is often the single most important battle in the case.

Sentencing Enhancements and Collateral Consequences

The base prison term is only part of the picture. If the prosecution alleges you fled the scene after the collision, Vehicle Code section 20001(c) adds a consecutive 5 years to a conviction under PC 191.5 (while intoxicated) or PC 192(c)(1) (with gross negligence), when the allegation is charged and then admitted or found true. Vehicular manslaughter without gross negligence under PC 192(c)(2) does not carry this added term. A felony conviction under PC 191.5 or felony PC 192(c) also triggers a driver's license revocation through the DMV, and a felony record that follows you into every job application and licensing board review for the rest of your life.

There is a meaningful upside to fight for, too: many vehicular manslaughter defendants are otherwise law-abiding people with no criminal history, and probation remains legally available in many of these cases. Judges in San Diego County weigh the defendant's record, the conduct involved, and genuine remorse heavily. Building the case for a probationary or reduced-custody sentence starts on day one — not at the sentencing hearing. Our office has done this in serious injury cases before, including negotiating a no-jail resolution for a client charged with felony DUI causing great bodily injury.

What Are the Defenses to Vehicular Manslaughter?

Prosecutors like to present these cases as open-and-shut, but fatal collisions are rarely simple. Causation is the first battleground: the prosecution must prove that your driving — not the other driver's, not a third vehicle's, not the road conditions — actually caused the death. Marc works with accident reconstruction experts who analyze skid marks, vehicle damage, event data recorder ("black box") downloads and sight lines to test the police version of events, because the officer who wrote the report was not there when it happened.

Other defenses include mechanical failure you could not have anticipated, a sudden medical emergency, the "sudden emergency" doctrine (you reacted reasonably to a danger someone else created), and disputing negligence altogether — an accident, by itself, is not a crime. In DUI-related cases, the accuracy of blood draws, the timing of testing and the legality of the stop all remain fully in play.

How Vehicular Manslaughter Cases Move Through San Diego County Courts

In San Diego County, a fatal-collision case usually begins long before charges are filed. The San Diego Police Department or Sheriff's traffic division conducts its investigation, and the District Attorney's office reviews it before making a filing decision — a window in which early defense involvement can genuinely change what gets charged, or whether anything gets charged at all.

If a felony is filed, you will be arraigned — downtown at the Central Courthouse on Union Street or at a branch court in Vista, El Cajon or Chula Vista, depending on where the collision occurred. The court will address bail, and a preliminary hearing follows, where a judge decides whether enough evidence exists to send the case toward trial. The preliminary hearing is also the defense's first real opportunity to cross-examine the investigating officers under oath, and Marc uses it aggressively.

Why Clients Facing Vehicular Manslaughter Charges Choose Marc Kohnen

We realize it's a testing time for you and your family. But navigating the law and dealing with the prosecution can prove futile without retaining a professional San Diego vehicular manslaughter lawyer. We know the stakes are high. That's why we evaluate your case with an aggressive approach to build a strong defense in your favor. Our defensive strategies involve proving to the court that your actions were not negligent. For example, it might be that your actions did not cause the death of another human. Another scenario we push forward is the possibility of you not operating the vehicle at the time of the accident.

Marc has appeared in San Diego courtrooms since 2008, and he has won NOT GUILTY verdicts at jury trial, including in DUI and felony hit-and-run cases. Every case is different, and prior results do not guarantee a similar outcome.

While hiring a criminal defense lawyer in San Diego, CA, you can be confused about the privacy breach. But make no mistake: practice your right not to speak in front of the police or law enforcement while being arrested. That's because what you say can and will be used against you in court. We especially recommend not even talking to your family members as they can be coerced by law enforcement to confide. Instead, you can trust us for a confidential one-on-one meeting with Marc Kohnen. During your initial consultation, Marc will go through your case specifications and discuss the possible outcome for you.

No matter the severity of your charges, Marc will represent you compassionately in court while negotiating on your behalf.

Contact the Law Office of Marc S. Kohnen for a free, no-obligation consultation today.

More on Homicide

• Murder. First and second degree murder defense — including a NOT GUILTY verdict at trial.
• Manslaughter. Voluntary and involuntary manslaughter charges defended aggressively.

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