California Penal Code 192(c) – Gross Vehicular Manslaughter

Overview

Gross vehicular manslaughter under Penal Code 192(c)(1) PC applies when someone drives recklessly or unlawfully and causes another person’s death, but without intent to kill. It’s one of the most serious vehicular crimes in California and can result in years of prison time, especially if gross negligence or DUI is involved.

This charge often arises from tragic accidents—but prosecutors may overreach by pushing for felony convictions when ordinary negligence or unforeseen mistakes are involved.

At Jones Trial Attorneys, we investigate accident scenes, reconstruct timelines, and challenge claims of “gross negligence” to fight for fair outcomes in these emotionally charged cases.

Legal Definition

Penal Code § 192(c)(1) defines gross vehicular manslaughter as:

“The unlawful killing of a human being without malice… in the driving of a vehicle, where the driving was unlawful and committed with gross negligence.”

Elements of the Crime

To convict someone under PC 192(c)(1), the prosecution must prove:

1. You drove a vehicle in a manner that was unlawful (e.g., speeding, illegal passing);

2. Your conduct involved gross negligence;

3. Your actions caused the death of another person; and

4. You did not intend to kill, but your behavior was reckless enough to justify criminal liability.

What is Gross Negligence?

Gross negligence is more than ordinary carelessness. It involves:

• A reckless disregard for human life

• Actions a reasonable person would know are likely to result in serious injury or death

Examples may include excessive speeding in crowded areas, street racing, or ignoring clear road hazards while distracted.

Penalties for Gross Vehicular Manslaughter

This is a wobbler, but most cases are filed as felonies.

Misdemeanor Penalties:

• Up to 1 year in county jail

• Summary probation

• Restitution and fines

Felony Penalties:

• 2, 4, or 6 years in state prison

• Formal probation (rarely granted)

• Driver’s license suspension or revocation

• Restitution to the victim’s family

If alcohol or drugs were involved, the charge may escalate to PC 191.5 – Gross Vehicular Manslaughter While Intoxicated, which carries even higher penalties.

Defenses to Gross Vehicular Manslaughter

We use independent accident reconstruction and legal strategy to fight these charges. Defenses include:

• No gross negligence – The driving may have been negligent, but not criminally reckless

• The death was not caused by your driving – Chain-of-causation disputes

• Medical emergency – You lost control due to an unforeseeable event

• Other driver was at fault

• Insufficient evidence – Especially in single-car accidents or where witnesses conflict

Immigration and Employment Consequences

Felony gross vehicular manslaughter may be considered a crime involving moral turpitude and could:

• Lead to deportation or inadmissibility

• Bar commercial driving careers

• Disqualify individuals from state licenses or insurance roles

Related Offenses

• PC 191.5 – Vehicular Manslaughter While Intoxicated

• VC 23153 – DUI Causing Injury

• PC 192(b) – Involuntary Manslaughter

• PC 187 – Second-Degree Watson Murder (in certain vehicular cases)

How Jones Trial Attorneys Can Help

These cases often involve split-second decisions and devastating outcomes. We combine legal skill with compassion and discretion to fight for our clients—and their futures—every step of the way.

💼 Free consultations

⚖️ Vehicular homicide and accident defense experience

📍 Based in San Diego, handling serious cases statewide

Accused of Gross Vehicular Manslaughter? Call Today.

Call us now at (866) JTA-WINS or Schedule a Free Consultation using the form below.