Norcross Vehicular Homicide Defense Lawyer

20+ Years of Experience Defending Against Vehicular Homicide in Georgia

Vehicular homicide is one of the most serious traffic crimes in Georgia. Depending on the circumstances of the case, you could face either misdemeanor or felony charges. Since the prosecution will pursue the maximum penalties against you, you will need an experienced criminal defense attorney to protect your rights, reputation, and future.

If you are being accused of vehicular homicide in Georgia, let McIlhinney Law Group investigate your case, collect evidence, and prove that you are not at fault for the accident or not impaired at the time of the incident. With more than two decades of experience, our Georgia vehicular homicide lawyer handles a wide range of criminal and traffic matters and knows what it takes to get the most favorable outcome in your case.

Facing charges for vehicular homicide? Call McIlhinney Law Group today at (404) 724-5461 or contact us online to schedule a consultation with our vehicular homicide defense attorney in Norcross.

What is the Difference Between Vehicular Homicide and Vehicular Manslaughter?

Vehicular homicide, also known as vehicular manslaughter, is the reckless or negligent killing of another through the use of a vehicle. Vehicular manslaughter charges are not limited to the death of a passenger but can include the death of a pedestrian, bystander, or other driver as well.

Even where multiple drivers may be involved in an accident, vehicular homicide can still be charged if any driver has acted recklessly or negligently. In some states, ordinary negligence, which occurs when the driver fails to act with the same level of care that a reasonable person would under the circumstances, is sufficient to support a vehicular homicide charge. In other states, the negligence must be “criminal” or “gross” negligence, which is a higher standard than ordinary negligence.

Vehicular Homicide Laws in Georgia

There are two types of vehicular homicide offenses in Georgia: first-degree and second-degree. First-degree vehicular homicide is a felony, while second-degree vehicular manslaughter is a misdemeanor.

What are the Penalties for First-Degree Vehicular Homicide?

First-degree vehicular homicide means causing another person’s death while doing one of the following:

• Committing a DUI offense

• Committing a hit-and-run offense

• Committing a reckless driving offense

• Illegally passing or overtaking a school bus

• Fleeing from law enforcement officials

• Driving on a revoked license for being a “habitual violator” (I.e. getting convicted of three or more traffic offenses within five years)

First-degree vehicular homicide is punishable by imprisonment for up to 15 years. However, if you are a habitual violator, the offense carries a maximum 20-year prison sentence.

What are the Penalties for Second-Degree Vehicular Homicide?

Second-degree vehicular homicide means causing another person’s death by committing a general traffic offense, including:

• Speeding
• Running a red light
• Failing to yield the right of way
• Failing to stop at a stop sign
• Failure to maintain lane position
• Distracted driving

Second-degree vehicular homicide carries a maximum jail sentence of one year and a fine of no more than $1,000. Additionally, the victim’s surviving family members could file a civil lawsuit to seek financial compensation.

Exploring Possible Defenses for Vehicular Homicide Charges

When facing charges of vehicular homicide, it is crucial to have a strong defense strategy to protect your rights and future. At McIlhinney Law Group, our attorneys are well-versed in the complexities of vehicular homicide cases and can help you explore possible defenses. Some potential defenses for vehicular homicide charges may include:

• Challenging the evidence: We can thoroughly examine the evidence against you, looking for any inconsistencies, errors, or violations of your constitutional rights.
• Questioning causation: We can investigate the accident and gather expert opinions to determine if factors other than your actions contributed to the tragic outcome.
• Establishing lack of intent: If the prosecution cannot prove that you acted with intent or recklessness, we can argue that the incident was a tragic accident rather than a criminal act.
• Presenting alternative explanations: We can explore all possible explanations for the accident, such as mechanical failures, road conditions, or the actions of other drivers, to create reasonable doubt.

Every case is unique, and the defense strategy will depend on the specific circumstances of your situation. Our Norcross vehicular homicide defense lawyers will work closely with you to fully understand your side of the story and develop a personalized defense tailored to your needs.

Contact Our Vehicular Homicide Defense Attorney in Norcross Today

Although someone, unfortunately, passed away, that doesn’t mean you are to blame for his/her death. If you didn’t violate any traffic or DUI laws, or the deceased individual contributed to his/her own death, our firm can help prove that to the jury and do our best to get your entire case dismissed.

Contact McIlhinney Law Group today to get started with our Norcross vehicular homicide defense lawyer.