California Penal Code §192(c) — Vehicular Manslaughter
PC §192(c) punishes an unlawful killing caused by driving without malice — a wobbler carrying up to 6 years state prison for a felony conviction or up to 1 year in county jail for a misdemeanor. Unlike §191.5, no intoxication is required.
Reviewed by Daniel S. Rubin, CA Bar 302093 · Los Angeles Criminal Defense Attorney · Vehicular Manslaughter Cases in All LA County Courts
01 — Quick Facts
PC §192(c) — Vehicular Manslaughter at a Glance
| Fact | Detail |
|---|---|
| Full Name | California Penal Code §192(c) — Vehicular Manslaughter |
| Code Type | Penal Code (PC) |
| Classification | Wobbler (Misdemeanor or Felony) |
| Structure | §192(c)(1) Gross negligence / §192(c)(2) Ordinary negligence / §192(c)(3) Scheme to defraud |
| Felony §192(c)(1) | 2, 4, or 6 years state prison |
| Misdemeanor §192(c)(2) | Up to 1 year county jail |
| Strike | No (§191.5(a) and §187 are the strike variants) |
| Probation | Available in most §192(c) filings |
| License | Mandatory DMV revocation on any §192(c) conviction (VC §13350) |
| Related Codes | PC §191.5 (DUI-fatality), PC §187 (Watson murder), VC §23153 (DUI causing injury) |
| If Charged | Call (213) 723-2337 immediately |
01 — What Is PC §192(c)?
What Is California Penal Code §192(c)?
PC §192(c) Reads:
"Vehicular manslaughter means driving a vehicle in the commission of an unlawful act, not amounting to a felony, and with gross negligence; or driving a vehicle in the commission of a lawful act which might produce death, in an unlawful manner, and with gross negligence."
— California Penal Code §192(c)(1)
California Penal Code §192(c) is the vehicle-caused branch of the manslaughter statute. It covers driving that kills — without intoxication (which is punished separately under PC §191.5) and without malice (which is punished under PC §187 Watson murder). The prosecution's theory turns on whether the driving was grossly negligent, ordinarily negligent, or executed as part of a scheme to defraud an insurer.
Three Tiers of §192(c)
§192(c)(1) is felony gross-negligence vehicular manslaughter — 2, 4, or 6 years state prison. §192(c)(2) is misdemeanor ordinary-negligence vehicular manslaughter — up to 1 year jail. §192(c)(3) covers killings in the commission of an insurance-fraud vehicle scheme — punishable as a felony under §193(c)(3).
Why the Tier Matters
The line between §192(c)(1) and §192(c)(2) is the line between prison and jail. Gross negligence is a legal conclusion — accident-reconstruction expertise, prior-driving history, and moment-of-decision analysis all move the case across that line.
Official Sources
02 — Elements of the Crime
Elements the Prosecution Must Prove Under PC §192(c)
The prosecution must prove the driving conduct, the death, causation, and the applicable mens rea (gross vs ordinary negligence).
Driving a Vehicle
Defendant was driving a motor vehicle at the time of the fatal act.
Unlawful Act or Negligent Manner
Defendant either committed an unlawful act not amounting to a felony (e.g. VC infraction), or performed a lawful act in a negligent manner.
Gross or Ordinary Negligence
Under §192(c)(1) the state must prove gross negligence — a gross deviation from the reasonable-driver standard. §192(c)(2) requires only ordinary negligence.
Death of Another
A human being (other than the defendant) was killed.
Causation
The defendant's driving was a substantial factor in causing the death.
04 — Penalties
Penalties for PC §192(c) Vehicular Manslaughter in California
§193(c) sets the triads; §1170(h) governs the custody location.
| Charge | Code | Prison Term | Probation | Strike |
|---|---|---|---|---|
| §192(c)(1) Gross-Negligence Vehicular Manslaughter | PC §193(c)(1) | 2, 4, or 6 years state prison | Available | No |
| §192(c)(2) Ordinary-Negligence Vehicular Manslaughter | PC §193(c)(2) | Up to 1 year county jail | Available | No |
| §192(c)(3) Insurance-Fraud Vehicular Homicide | PC §193(c)(3) | 4, 6, or 10 years state prison | Presumptively denied | No |
Sentencing Enhancements
Fleeing the Scene
PC §20001(c)
+5 years consecutive where defendant flees the scene of the §192(c) killing.
GBI to a Non-Fatal Victim
PC §12022.7
+3 years for GBI inflicted on an additional non-fatal victim.
Multiple Victims
PC §1170.1
Consecutive triads for each additional deceased victim.
Additional Consequences Beyond Prison
- Mandatory DMV license revocation under VC §13350
- Immigration: CIMT — deportability and inadmissibility exposure
- Felony conviction bars firearm possession (PC §29800)
- Civil wrongful-death lawsuit is standard
Sentencing References
05 — Defense Strategies
How Rubin Law Defends PC §192(c) Vehicular Manslaughter Charges
§192(c) cases are won on causation, mens rea, and identity — the same defense architecture as PC §187 without the malice fight.
No Gross Negligence
Accident-reconstruction and human-factors experts recharacterize the driving as ordinary negligence — collapsing §192(c)(1) into §192(c)(2).
PC §192(c)
Superseding Causation
Victim's own driving, third-party impact, or medical negligence broke the causal chain.
PC §192(c)
Sudden Emergency
CALCRIM 590 — a driver confronted with an emergency not of their own making is judged by the emergency standard, not the reasonable-driver standard.
CALCRIM 590
Identity
Passenger swap, single-vehicle rollover, or unclear witness identification of the driver.
Identity
Constitutional Sources
07 — Court Process
How PC §192(c) Vehicular Manslaughter Cases Move Through Los Angeles Courts
§192(c) prosecutions follow the standard California felony track; the fights are causation, mens rea, and prior driving history.
- 1
Step 1 — Investigation
CHP MAIT team accident reconstruction, toxicology, and scene diagramming.
- 2
Step 2 — Filing Decision
DA elects §192(c)(1) felony vs §192(c)(2) misdemeanor based on gross-negligence analysis.
- 3
Step 3 — Arraignment
Bail set — substantial on §192(c)(1) filings, OR possible on §192(c)(2).
- 4
Step 4 — Preliminary Hearing (PC §872)
Reconstruction expert testimony often first surfaces here; PC §17(b) reduction motions frequently follow.
- 5
Step 5 — Motions
PC §995 sufficiency motions; PC §1538.5 suppression of scene statements and toxicology.
- 6
Step 6 — Trial or Plea
Trial centers on gross-vs-ordinary negligence; pleas frequently negotiate §192(c)(1) down to §192(c)(2).
- 7
Step 7 — Sentencing
Mitigation hearing under PC §1170(b) — driving history, victim-family input, and rehabilitation record all weigh.
Los Angeles Courts That Handle PC §192(c) Vehicular Manslaughter Cases
§192(c) cases are heard in the felony trial courts nearest the crash location.
Reviewed by Your Attorney
Daniel S. Rubin — Los Angeles Vehicular Manslaughter Defense Attorney
Daniel S. Rubin has defended clients charged with vehicular manslaughter and related offenses in Los Angeles County courts — including Clara Shortridge Foltz, Van Nuys, Compton, and Pomona. He understands that these cases are won in the details: the suppression hearing that eliminates key evidence, the preliminary hearing cross-examination that exposes a weak witness, the penalty phase argument that keeps a client out of the worst outcome.
This page was written and reviewed by Daniel A. Rubin, Los Angeles criminal defense attorney, CA State Bar 302093, with 10+ years of experience defending clients charged under PC §192(c) in Los Angeles County. Last reviewed: July 2026.
CA Bar 302093 | Whittier Law School | Rising Star — Super Lawyers 2019–2023 | Vehicular Manslaughter Cases Throughout LA County
09 — FAQs
PC §192(c) Vehicular Manslaughter Questions — Los Angeles
What is PC §192(c)?
California's vehicular-manslaughter statute — an unlawful killing caused by driving, without malice and without intoxication.
Is §192(c) a strike?
No. The strike variants are PC §191.5(a) (gross vehicular manslaughter while intoxicated) and PC §187 (Watson murder).
Can §192(c) be reduced to a misdemeanor?
Yes — §192(c)(1) can be reduced to §192(c)(2) by plea or PC §17(b) motion in appropriate cases.
Will I lose my license?
Yes — DMV revokes the license of any §192(c) defendant under VC §13350.
Available 24/7 — Free Consultation
Charged With PC §192(c) in Los Angeles?
Rubin Law, P.C. defends vehicular-manslaughter cases across every LA County courthouse. Call (213) 723-2337.