How Many Years Do You Get for Vehicular Manslaughter in Georgia?
In Georgia, unintentionally killing someone with a vehicle is called homicide by vehicle, or “vehicular homicide.” Many states refer to this crime as “vehicular manslaughter,” unlike Georgia.
Despite the death being caused accidentally, the penalties for vehicular homicide are severe, nonetheless. These penalties can change the course of your life, and so it is important to take vehicular homicide charges very seriously.
Vehicular homicide can be charged as a misdemeanor or felony depending on the circumstances of the situation. Although misdemeanors are generally considered less serious than felonies, in the case of vehicular homicide, both types of charges are punishable by lengthy jail sentences and steep fines.
For this reason, our attorneys explain the difference between misdemeanor and felony vehicular homicide charges in Georgia.
Vehicular Homicide Laws in Georgia
Homicide by vehicle in Georgia occurs when a person unlawfully causes the death of another without malice aforethought by doing one or more of the following:
- Improperly passing a school bus
- Driving under the influence (DUI)
- Driving recklessly
- Fleeing or attempting to flee a police officer
- Hit and run
- Driving as a habitual violator
- Driving on a revoked license
- Violating other traffic laws that are not listed above
For context, “malice aforethought” refers to a state of mind that a person must have to be found guilty of murder. Vehicular homicide does not involve malice aforethought, therefore, is not considered a type of murder in Georgia.
Vehicular Homicide Sentencing in Georgia
Both felony and misdemeanor vehicular homicide charges carry both criminal and administrative penalties. Depending on the type of circumstances surrounding the offense, a convicted offender will get their license suspended and may or may not qualify for a limited driving permit. Administrative penalties for first-degree vehicular homicide include a 3-year driver’s license suspension with no opportunities for a limited driving permit, while a conviction for second-degree homicide by vehicle carries a 120-day license suspension. The difference with a second-degree vehicular homicide charge is that an offender can get a limited driving permit valid for 1 year from the date of issuance, subject to renewal.
With that being said, the criminal penalties for vehicular homicide are harsh. Both misdemeanor and felony charges for this crime carry lengthy prison sentences and stiff fines. Unlike a misdemeanor, felony vehicular homicide is punishable by a maximum minimum prison sentence of 3 years, up to 15 years. A judge will determine the fines and additional penalties, as they vary on a case-by-case basis. On the other hand, a second-degree misdemeanor vehicular homicide charge is punishable by up to 1 year in jail, up to one year of probation, and/or a maximum $1,000 fine.
Most vehicular homicide charges are first-degree felonies in Georgia. Referring to the list of traffic violations we mentioned above, first-degree vehicular homicide occurs when a person unlawfully kills another without malice aforethought under the following circumstances:
- Improperly passing a school bus
- Driving under the influence (DUI)
- Driving recklessly
- Fleeing or attempting to flee a police officer
- Hit and run
- Driving as a habitual violator
- Driving on a revoked license
All other traffic violations that cause the death of another are generally charged as second-degree vehicular homicide, which is a misdemeanor.
Feticide by Vehicle in Georgia
A person can get in serious legal trouble for committing vehicular homicide that results in the death of an unborn child. This crime is called “feticide by vehicle,” which is charged in the second degree. Second-degree vehicular feticide occurs when a person causes the death of an unborn child by injuring the mother, and if the mother had died, the charge would be first-degree vehicular homicide. Accordingly, the punishment for a conviction is 3 to 15 years in prison in addition to fines and other penalties to be determined by a judge.
Extensive Experience in Defending the Accused
If you are accused of vehicular homicide or vehicular feticide in Georgia, you should turn to a team of experienced trial attorneys who have the knowledge, resources, and skillsets needed to give your case the upper hand it needs. We are committed to helping you resolve your case with as little damage to your freedom and reputation as possible.
Wait no longer to get started on your defense and contact us at (866) 580-3089!