Gross Vehicular Manslaughter Sentencing and Punishment (California PC 191.5(a) )

There are also other factors that can increase your sentence beyond this range. These include:

Are you or a loved one facing serious punishment as a result of your gross vehicular manslaughter sentencing?

• Victim sustains great bodily injury: If there are any surviving victims who suffer great bodily injury as a result of your grossly negligent conduct, you face an additional sentence of 3 to 6 years in state prison consecutive to your underlying felony sentence.
• Prior convictions: If you have been previously convicted of any vehicular manslaughter offense under CA PC 191.5 or have two or more prior DUI convictions, you can face a gross vehicular manslaughter sentencing of 15 years to life in prison.
• Watson Murder rule: If your drunk driving caused the death of another and you have been previously convicted of a DUI related offense, the prosecution can elect to charge you with second-degree murder instead of gross vehicular manslaughter while intoxicated. Under the "Watson Murder" rule, the mental state required for a murder conviction is implied from any act that shows a conscious disregard for human life. A conviction for second-degree murder can result in a prison term of 15 years to life.

Felony strike offense

Suspension of your driver's license

Court options at the time of sentencing

The court has several options when determining gross vehicular manslaughter options in California.

• Impose a prison sentence of 4, 6 or 10 years. Since this offense is a serious felony in California if you are sentenced to prison you must do 85% of the sentence before you can be released on parole.
  • Plus an additional sentence of 3 to 6 years if any surviving victim sustains great bodily injury
  • Impose a sentence of 15 years to life if you have a previous conviction under CA PC 191.5 or two prior DUI convictions
  • Place you on probation and impose a sentence of up to one year in county jail
  •  Place you on probation and order you to do community service, a work release program and attend Alcoholics Anonymous (AA) classes
  • Place you on formal probation and assign you a probation officer

Probation terms

1. Violate no law (other than a traffic infraction)
2. Visit your probation officer as often as required by your probation terms
3. Perform community service
4. Attend alcohol or drug counseling

Finding an experienced gross vehicular manslaughter while intoxicated attorney at Wallin & Klarich

Contact the attorneys at Wallin & Klarich today if you are facing gross vehicular manslaughter sentencing.