Vehicular manslaughter is the charge that occurs when a driver, whether intoxicated or not, drives a vehicle in a reckless and unsafe manner which results in the death of another individual. It may be a person in a vehicle that is hit in an accident or it may be a passenger within the same vehicle as the driver. In order to be considered vehicular manslaughter the individual must have been illegally operating the vehicle such as speeding, reckless or unsafe driving, or even driving while drug or otherwise intoxicated.
Vehicular Manslaughter Penalties
In most areas it is possible for vehicular manslaughter charges to be either misdemeanors or felonies, depending on the situation and the circumstances. In most areas any type of impaired driving that results in death is an automatic vehicular manslaughter charge in addition to felony DUI charges. In some areas excessive speeding or gross negligence while driving will also increase a potential misdemeanor to a felony case.
Possible Penalties for Vehicular Assault
- Jail time and Parole
- Probation
- Suspended Sentence
- Fines
- Loss of driver's license
Vehicular Manslaughter Sentencing
In most courts there are several factors that will be considered in the sentencing for this offense. One of the most critical is the prior record of the convicted, including any previous DUI, DWI or misdemeanor or felony charges. Individuals that have suspended or revoked licenses or those that are currently on parole or probation, or those found to be drunk or impaired at the time of the accident will typically have the most significant sentences. An attorney is essential in these types of cases as there is the possibility to have the sentence reduced to a misdemeanor and even avoid huge amounts of prison time, especially on a first offense.
Get Legal Help For Vehicular Manslaughter
In all cases it is very important to get a criminal defense attorney involved in these types of charges right from the arrest. This is because what you say to the police or other individuals needs to be carefully thought out as to not cause additional problems with your defense. For first offenses a criminal defense attorney will often be able to plea bargain a reduced charge and possibly even drug and alcohol counseling and a suspended sentence or probation in some cases.
