Homicide, Assault, Vehicular Manslaughter

California law has expanded the definition of murder to permit fatal car accidents and other forms of dangerous behavior to be prosecuted as murder and punished with a life sentence.  A person who is driving negligently or commits a traffic infraction and causes a death can be charged with a misdemeanor vehicular manslaughter charge.  (Penal Code section 192(c)(2))  If the driving is grossly negligent, the charge can become a felony vehicular manslaughter charge.  (Penal Code section 192(c)(1))  There are separate sections that apply if the driver is under the influence of alcohol and/or drugs at the time of the accident.  (Simple negligence - Penal Code section 191.5(b); gross negligence – Penal Code section 191.5(a))  In cases where the driver has prior driving under the influence convictions or where the driving is extremely dangerous, the District Attorney’s Office can prosecute the driver under the statute applicable to typical murders.  (Penal Code section 187) 

The recent California Supreme Court decision in the San Francisco dog mauling case (People v. Knoller (2007) 41 Cal.4th 139) opens the door to prosecutions for murder for those who engaged in dangerous behavior and unintentionally caused a person’s death.