Vehicular Manslaughter

Vehicular manslaughter is defined as “a crime causing the death of a human being due to illegal driving of an automobile, including drunk driving, gross negligence, speeding, or reckless driving.” Vehicular manslaughter is the charge that is brought against any person who is driving a vehicle and unintentionally, but unlawfully, kills someone.

The charge of vehicular manslaughter can be a misdemeanor, which is a minor crime with a maximum penalty of one year jail time or a fine, or it can be a considered a felony which is punishable by long term in a state prison. The charge is based on the circumstances surrounding the accident. Driving over the speed limit by a few miles, or gross negligence, might result in a misdemeanor vehicular manslaughter charge. However, drunk driving that result in a fatality is felony vehicular manslaughter. Causing the death of a passenger, friend, or family member, may be vehicular manslaughter if it is a result of illegal driving.

Upon conviction of vehicular manslaughter the sentence is often based on the damages that occurred during the accident. The consequences can range from probation or parole, to imprisonment, large fines, or losing driving privileges.

There are several factors that come into play when sentencing for vehicular manslaughter. The criminals criminal history is taken into account as well as sociological factors. Prior convictions or similar convictions, currently on parole or probation all fall under the criminal history factor and will be taken into consideration when sentencing for vehicular manslaughter. The sociological factors that are considered are the communities and the courts attitude towards this type of crime, the circumstances surrounding it, and whether not the accident was alcohol or drug related. All of these can affect the sentencing outcome for a vehicular manslaughter case.

The defense you put forth for a vehicular manslaughter case will mean the difference between receiving a suspended sentence or a long term jail sentence. Defenses for vehicular manslaughter charges can range from insufficient evidence, not fault or lack of negligence, or factual evidence, as well as other defenses that are dependent on the details of the case.