my brothers girlfriend caused a car accident that took the life of my 10year old nephew. shes being charged with misd. vehicular manslaughter. we want her charged with a felony of murder.due to the way she didnt want my nephew in the picture. is it possible?
Yes, the prosecutor can increase a misdemeanor charge to a felony, but it's entirely their decision and not based on what charges you want them to pursue.
Yes, charges can be increased from a misdemeanor to a felony; or decreased from a felony to a misdemeanor. However, this is a decision for the prosecution. Just because you want more severe charges brought does not mean it will be done.
A misdemeanor complaint cannot be increased to a felony. The District Attorney would have to ask the judge to dismiss the misdemeanor so they could refile as a felony.
Sorry but the DA makes the charging decisions and as another attorney responded, if murder could have been charged, it probably would have. I'm sorry for you and your brothers loss, but charging decisions are supposed to be made based on what can be proven, not emotions.
1. It is not your decision. It is the DAs.
2. Knowing the hawkish prosecution in Bakersfield, there is probably a pretty good reason the DA is not charging a felony.
First of all, I am sincerely sorry for your loss. This is a terrible situation.
I agree with Mr. Kleven. Misdemeanor vehicular manslaughter, felony vehicular manslaughter, second degree murder are different from each other and have different elements which distinguish them from each other. At this point, the DA is making the charging decision upon the reports from the investigating police agency and possibly the CHP. The DA knows what elements s/he can prove, and what elements are not present.
Misdemeanor vehicular manslaughter is a serious crime. If she is convicted of that, she will be marked for the rest of her life, so please don't think it resembles a shoplifting case where she will "get off easy."
