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Vehicular Manslaughter
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
- 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.
Vehicular Manslaughter: Fines and Jail by State
Penalties Vary Greatly by Case! For accurate penalties, talk to the court clerk or a lawyer!
| State | Avg. Fines | Avg. Jail | Avg. Probation | Other |
| Alabama | up to 20,000 | up to 10 years suspend up to 4 | 5 years probation | DMV :SL |
| Alaska | Varies by Case | Varies Widely by Case | Varies by Case | Alaska does not have a vehicular homicide statute |
| Arizona | max 25,000 | max 7.5 years | 15 years max | Not Available |
| Arkansas | 1500-2500 | not more then 5 years | 5 years | SL, CS |
| California | There is no fine for this crime, mandantory jail sentence. | Minimun 4 years to life in prison depending on circumstances. | No probabtion for this either, mandantory jail time. | Not Available |
| Colorado | 2000 | 2 years | 2 years | Not Available |
| Connecticut | 1000 | 1 year | 5 years | suspended license |
| Delaware | 1000 | 4 years | 1 year | suspend license for 6 months |
| Florida | minimum of $250, to a maximum of $2,000, | up to 10 years in prison | probation up to - 2 ½ years | suspension of driving licence., |
| Georgia | upto $1,000 | 3 and 15 years | 1 year | Not Available |
| Hawaii | 500 | 1 year | 1/3 of jail time | suspend license |
| Idaho | not more than two thousand dollars | face up to 10 years in prison | 3-5 years | Not Available |
| Illinois | $47500 and $95000 | 10-year minimum | 11 years. | 8 months in drug classes |
| Indiana | $1,000 fine | maximum of one year in a county jail. | no longer than 5 years | restitution to the victim's family,Suspension of licence for 1 year., |
| Iowa | Up to $10,000 but not less than $1,000 plus 32% surcharge, court costs, $125 Law Enforcement Initiative Surcharge and $10 DARE surcharge | Mandatory 25 years imprisonment | Judge may not give probation or defer judgment. | Mandatory $150,000 restitution to victim's estate; Substance abuse evaluation and treatment if recommended; Drinking drivers course; Mandatory 6 year license suspension. |
| Kansas | $390 to $1000 | probation to 11 years | four years | RS 10698 |
| Kentucky | 2800 | 90 days to 1 year | 1 year | 6 months license suspension, 750 hours of community service |
| Louisiana | up to $15,000 | up to 30 years in prison | Varies by Case | Not Available |
| Maine | 2000 | 6 months | Varies by Case | Not Available |
| Maryland | $100-$5000. | 3 -5 years | 3-5 years | suspended license |
| Massachusetts | from $500-$5000 | maximum up to 2 1/2 years | 5-7 years | Driving Class |
| Michigan | $15000-$250000 | 10-20 years | upto 40 years | Not Available |
| Minnesota | Not more than $20,000. | Not more than 10 years. | Varies by Case | Not Available |
| Mississippi | 500$ | 2 to 20 Years | Varies by Case | Not Available |
| Missouri | Up to $5000 | Up to a Year | Up to a Year | 60 Days Community Service |
| Montana | $355-$1,000 | 24 hours-90 days | Varies by Case | motor vehicle may be restricted for 90 days to six months to necessary travel |
| Nebraska | $1000-$10,000 | 90 days county jail | 2,3 or 4 years state prison | Not Available |
| Nevada | $2000-$5000 | 25 years - Life | possibility of parole after 10 years | Not Available |
| New Hampshire | up to $ 5000 | 6m-7 years if intentional | 3-7 years | Not Available |
| New Jersey | up to $35000 | 5 years to life | 5-9 years | SL, CS |
| New Mexico | 0 - $5,000 | 4 to 8 years imprisonment. | Varies by Case | four years for each prior DWI conviction. |
| New York | Up to $5,000.00 | 1-7 years | 5 years | suspended license |
| North Carolina | depends on situation | 10-life | Varies by Case | Not Available |
| North Dakota | up to $1000 | from 1 year in county jail to up to 6 years in a state prison | 1 year probation | rehabilitation and a permanent record |
| Ohio | $1000-$5,000 | 6months | 15 and 7 days | misdemeanor violations ,vehicular homicide and vehicular assault |
| Oklahoma | 500$-1000$ | 2_3yrs | 1_2yrs | depend on crime |
| Oregon | $335-$1000 | 3-15 years | 6 months - 3 years | Loss or suspended license |
| Pennsylvania | $500 -$10000,00 | one year in country jail-fifteen years in State Prison | 1-15 years | community servic,drug classes,suspended license |
| Rhode Island | $100-$250000 | 2 days to 25 years | 2 years | Not Available |
| South Carolina | Upto $5000 | Upto 7 years | 10 hours - 50 hours | Not Available |
| South Dakota | up to $250,000 fine | not more than six years | up to two years of probation | suspended license., |
| Tennessee | 1500 | 29 days | Varies by Case | suspended license |
| Texas | 2000 | 1 year | Varies by Case | community service, |
| Utah | 5000-15000 dollars | 5-15 years | Varies by Case | rehab, loss of license |
| Vermont | Varies by Case | Felony, Up to $3000 Fine | Up to 15 Years in Prison | Not Available |
| Virginia | 10000 | 11 years | Varies by Case | Drug classes |
| Washington | up to $1000 | up to 1 year | up to 1 year | Judge may revoke drivers license and may require electric home monitoring. |
| West Virginia | 2000 | 5 years | 20 days for violating probation | 200 hours of community service |
| Wisconsin | 25000 | 10 years in prison | 1 year | mandatory rehabilitation and a permanent record |
| Wyoming | $1000-$30000 | 1 year | 1-2 years | suspended license |