Vehicular manslaughter refers to an incident where one party causes the death of another via a vehicle, typically accidentally. When such a tragedy occurs, it leaves lasting emotional scars not only on the families involved but also on the community. Vehicular manslaughter charges are not taken lightly in Ohio. Ohio treats vehicle-related manslaughter cases with the gravity that they believe the charge deserves.
With relentless dedication and a proven track record that has earned the trust of countless clients and their families, our team of experienced criminal defense attorneys led by Max Hiltner at Hiltner Trial Lawyers is committed to providing you with the defense you deserve while upholding the highest standards of professionalism and care.
Read on to learn vital information about how a vehicular manslaughter charge in Ohio can impact your life, its penalties, and legal implications.
What Does Vehicular Manslaughter in Ohio Constitute?
In the state of Ohio, vehicular manslaughter is generally charged as a second-degree misdemeanor arising from a misdemeanor traffic violation that results in death. Common traffic violations can, under tragic circumstances, lead to this charge. In many cases, these minor traffic misdemeanors entail the following:
- Speeding
- Ignoring road signs
- Running red lights
Although it is classified as a misdemeanor, Ohio treats vehicular manslaughter with the gravity it deserves.
Penalties for Vehicular Manslaughter in Ohio
As a second-degree misdemeanor, a vehicular manslaughter conviction in Ohio can result in the following penalties:
- A $750 fine
- A 90-day jail sentence
- A license suspension from six months to three years
It is important to note that, at this level, the jail sentence does not extend to a full year. However, certain aggravating factors can lead to more severe penalties.
What Factors Can Affect An Ohio Vehicular Manslaughter Sentence?
Several circumstances and factors can elevate a vehicular manslaughter charge to a more serious offense, sometimes even a felony. For instance:
- Prior Convictions: A previous conviction for vehicular manslaughter, assault, or homicide can result in an enhanced charge.
- Driving with a Suspended License: Operating a vehicle while your license is suspended may upgrade the charge to a first-degree misdemeanor.
As a first-degree misdemeanor, vehicular manslaughter carries a sentence of up to six months in jail. Additionally, a prior conviction for assault, manslaughter, or any related charge, particularly when traffic-related, can result in a five-year license suspension.
What is the Difference Between Vehicular Homicide and Vehicular Manslaughter?
Ohio has three separate vehicular manslaughter laws:
- Vehicular manslaughter
- Vehicular homicide
- Aggravated vehicular homicide
The primary distinction between vehicular manslaughter and vehicular homicide lies in negligence. If a driver’s actions stem from negligent behavior or a lack of proper care, the charge may be elevated to vehicular homicide. As a first-degree misdemeanor, vehicular homicide carries the following penalties:
- A $1,000 fine
- A six-month jail sentence
- A license suspension between one and five years
However, vehicular homicide is not the only variation; under certain circumstances, prosecutors may consider a case as aggravated vehicular homicide, which carries its unique charges.
Aggravated Vehicular Homicide
Aggravated vehicular homicide occurs when a driver is aware of their negligent behavior and continues to act in such a dangerous manner. Ohio defines this as “reckless behavior.”
When a driver makes a dangerous action that results in the death of another party while being fully aware of the danger posed by their actions, it is already considered aggravated vehicular homicide.
There are two main forms of aggravated vehicular homicide:
- If a DUI results in aggravated vehicular homicide, it is a second-degree felony charge that can carry up to the following penalties:
- A $15,000 fine
- A prison sentence between two and eight years
- A lifetime license suspension
- If reckless driving results in aggravated vehicular homicide, it is a third-degree felony charge that can carry up to the following penalties:
- A $10,000 fine
- A prison sentence between nine months and three years
- A license suspension with a minimum of three years
The Impact of a Conviction on Your Future
CONTACT US FOR A CONSULTATIONA vehicular manslaughter conviction can have long-lasting consequences that extend well beyond the immediate legal penalties. The impact on your future may include:
- Driving Privileges: A conviction typically results in a license suspension that can affect your ability to commute and maintain independence.
- Employment: Criminal records can hinder job prospects and may lead to employment discrimination, particularly in positions that require a clean driving record or background check.
- Insurance Rates: A conviction usually leads to significantly higher auto insurance premiums, as insurers classify you as a high-risk driver.
- Personal Reputation: Beyond legal and financial implications, a conviction can damage your personal reputation, affecting relationships and community standing.
Understanding these long-term consequences is essential as you consider your defense strategy and future planning.
Navigating the Legal Process
If you are charged with vehicular manslaughter, knowing what to expect can help reduce the uncertainty during this challenging time. Here is a step-by-step overview of the legal process:
- Arrest and Booking: Once charged, you will be arrested and taken into custody. During this phase, the police will gather evidence related to the incident.
- Initial Arraignment: You will appear before a judge to hear the charges against you, and bail may be set.
- Pre-Trial Proceedings: This stage involves various hearings, including motions to suppress evidence or negotiate plea deals. Your defense attorney will work to challenge the prosecution’s case.
- Trial: If your case proceeds to trial, you may face a jury or a bench trial. Both sides will present evidence, and you will have the opportunity to testify.
- Sentencing: If convicted, the judge will impose penalties based on the severity of the offense and any aggravating factors.
- Post-Trial Options: Depending on the outcome, you may have the option to appeal the conviction or sentence.
- Probation and Rehabilitation: In some cases, part of your sentence may involve probation, community service, or mandated counseling.
Each step in this process is critical, and having an experienced manslaughter defense attorney by your side can make a significant difference in the outcome of your case.
Contact Our Manslaughter Defense Attorneys at Hiltner Trial Lawyers Today
To successfully defend against a vehicular manslaughter charge, you will need a dedicated team of experienced Ohio criminal defense attorneys by your side. Our team at Hiltner Trial Lawyers is ready to support you in every step of the legal process.
Contact us today for a consultation, and let us help put you on the path to justice.