Although a vehicular manslaughter charge can be classified as a misdemeanor or a felony, in both cases, a person may face incarceration.
If you were charged with vehicular manslaughter, it is essential to protect your rights. A conviction could not only result in serious penalties but also damage your reputation. A knowledgeable St. Charles vehicular manslaughter lawyer could help you navigate your case and avoid an unjust penalty. A criminal defense attorney at Restoration Law, LLC could advocate for the best possible outcome for your case.
What Is Vehicular Manslaughter?
Vehicular manslaughter occurs when someone causes the death of another person because of negligent driving behavior. Common factors that contribute to vehicular manslaughter charges include:
Unlike murder charges, vehicular manslaughter does not typically require proof of intent. Instead, the prosecution must prove that the driver failed to act responsibly behind the wheel.
A determined vehicular manslaughter attorney in St. Charles could examine the facts of a case, gather any relevant evidence, and work to minimize penalties. In some cases, they may be able to get the charges dismissed.
Understanding Vehicular Manslaughter Charges
The potential penalties for a vehicular manslaughter charge depend on the circumstances of the case.
Manslaughter by Vehicle
Manslaughter by vehicle involves causing the death of another person while driving in a grossly negligent manner. This is a felony, with penalties including up to 10 years in prison and fines of up to $5,000. If an individual has a prior vehicular manslaughter conviction, they may face harsher penalties.
Criminally Negligent Manslaughter by Vehicle
Criminally negligent manslaughter by vehicle occurs when a driver causes a fatal accident due to a complete disregard for others’ safety. Although it is classified as a misdemeanor, the penalty for this offense may include up to three years in prison and a fine of up to $5,000.
The main difference between a manslaughter and a criminally negligent manslaughter charge is the severity of the negligence involved. In certain cases, a St. Charles lawyer could collect evidence to prove that criminal negligence occurred rather than gross negligence to reduce the vehicular manslaughter charge.
DUI/DWI Homicide
A person who causes a fatality on the road may face charges of homicide while under the influence of drugs or alcohol or homicide while impaired by drugs and alcohol. The main difference between these two charges is the driver’s blood alcohol content (BAC). A DWI homicide may apply if the driver’s BAC was below the legal limit for DUI but still affected their ability to drive safely. The penalty for a DUI homicide is up to three years in prison, a fine of up to $5,000, or both. A DUI homicide typically applies when the driver’s BAC exceeds the legal limit, with penalties of up to five years in prison, a fine of up to $5,000, or both.
An attorney could help you understand your charges and explain the implications of a conviction.
Common Legal Defenses
In addition to demonstrating that the driver lacked gross intent, a St. Charles lawyer may leverage other legal defenses to dispute a vehicular manslaughter charge. Common strategies include:
- Lack of negligence: Arguing that the driver exercised reasonable care and did not act recklessly or negligently
- Mechanical failure: Claiming the accident was caused by a vehicle malfunction rather than driver error
- Fault of another party: Showing that another driver or pedestrian’s actions were the primary cause of the accident
- Medical emergency: Asserting that the driver suffered an unexpected medical condition that caused the accident
A competent attorney may explore multiple defenses to determine the best approach for a favorable outcome.
Consult a St. Charles Vehicular Manslaughter Attorney Today
If you were charged with vehicular manslaughter, a St. Charles vehicular manslaughter lawyer could work with you to achieve the best possible outcome.
The team at Restoration Law LLC understands how a criminal conviction can affect people’s lives. We could provide the guidance and support you need as you navigate your charge. Contact our office today to learn how we may assist you.
