When a traffic incident results in a fatality, Ohio law does not treat all cases the same. The charge a person faces depends heavily on what caused the death and what their driving record looks like, and the difference between a misdemeanor and a felony can come down to a single factor.
Vehicular manslaughter is a general term that refers to an incident where one party causes the death of another via a vehicle, typically accidentally. The state of Ohio considers this charge a second-degree misdemeanor at its base level, though this can change with certain factors.
At Hiltner Trial Lawyers, we represent clients facing vehicular manslaughter and homicide charges throughout Ohio.
How Many Years Can I Get For Vehicular Manslaughter?
In the state of Ohio, vehicular manslaughter is a second-degree misdemeanor that evolves from a misdemeanor traffic violation resulting in death.
In many cases, these minor traffic misdemeanors entail speeding, ignoring road signs, or running red lights.
As a second-degree misdemeanor, vehicular manslaughter can result in the following penalties:
- A $750 fine
- A 90-day jail sentence
- A license suspension from six months to three years
Vehicular manslaughter as a second-degree misdemeanor does not result in jail time with a year count.
However, some factors can make the punishments for vehicular manslaughter far more severe. One of those factors is the nature of the conduct itself. Ohio law draws a clear line between a death caused by a traffic violation and a death caused by negligent or reckless behavior, and that distinction determines whether the charge stays a misdemeanor or becomes vehicular homicide or aggravated vehicular homicide.
What Can Make An Ohio Vehicular Manslaughter Sentence More Severe?
Several factors can make a vehicular manslaughter charge far more severe in scope. Under certain circumstances, the state of Ohio may even consider vehicular manslaughter a felony.
If you have a previous vehicular manslaughter, assault, or homicide conviction, or are driving with a suspended license, your vehicular manslaughter charge will be 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.
Vehicular Homicide Vs Vehicular Manslaughter
Ohio has three separate vehicular manslaughter laws:
- Vehicular manslaughter
- Vehicular homicide
- Aggravated vehicular homicide
The key factor in distinguishing vehicular homicide from vehicular manslaughter is negligence; if the driver commits an act out of negligent behavior, or a lack of care, then it is vehicular homicide.
Vehicular homicide, like vehicular manslaughter with a prior, is a first-degree misdemeanor and 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 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
Ohio is one of the few states where this lifetime suspension applies on a first offense, with no possibility of reinstatement.
- 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
Contact Hiltner Trial Lawyers Today
Vehicular manslaughter and homicide charges in Ohio carry consequences that extend well beyond the initial sentence, including permanent license suspension in the most serious cases. If you are facing these charges, contact Hiltner Trial Lawyers to schedule a free consultation or call (330) 475-3164.
FAQs: Vehicular Manslaughter in Ohio
What is the penalty for vehicular manslaughter in Ohio? At its base level, vehicular manslaughter is a second-degree misdemeanor in Ohio, carrying a fine of up to $750, up to 90 days in jail, and a license suspension of six months to three years. The charge escalates with prior convictions or other aggravating factors.
What is the difference between vehicular manslaughter and vehicular homicide in Ohio? The key distinction is negligence. Vehicular manslaughter arises from a misdemeanor traffic violation that causes a death, such as speeding or running a red light. Vehicular homicide involves negligent behavior, meaning a lack of reasonable care that goes beyond a simple traffic violation. Vehicular homicide is a first-degree misdemeanor and carries stiffer penalties.
What is aggravated vehicular homicide in Ohio? Aggravated vehicular homicide applies when a driver acts recklessly, meaning they were aware their conduct was dangerous and continued anyway. If an OVI is involved, it is charged as a second-degree felony carrying up to 8 years in prison, fines up to $15,000, and a lifetime license suspension. Reckless driving without an OVI is a third-degree felony with a sentence of nine months to three years.
Can a vehicular manslaughter charge become a felony in Ohio? Yes. While the base charge is a misdemeanor, aggravated vehicular homicide involving an OVI is a second-degree felony. Prior convictions for assault, manslaughter, or homicide can also elevate the charge and result in longer license suspensions.
Can you lose your license permanently for vehicular manslaughter in Ohio? A standard vehicular manslaughter conviction carries a suspension of six months to three years. However, a conviction for aggravated vehicular homicide involving an OVI can result in a lifetime license suspension with no possibility of reinstatement, making it one of the most severe non-incarceration consequences under Ohio law.
What should I do if I am charged with vehicular manslaughter in Ohio? Do not make any statements to law enforcement without an attorney present. The facts of how the incident occurred, your driving record, and whether any substances were involved will all shape how the charge is classified. Contact a criminal defense attorney as early as possible to understand your options before those details are locked in by the prosecution.
