Homicide by Vehicle

Homicide by Vehicle

Georgia Vehicular Homicide is applicable when a person, without deliberate intent, causes the death of another person while driving in an illegal manner.

Homicide by Vehicle in Georgia

Vehicular homicide charges may be brought as a felony crime or a misdemeanor crime. The circumstances of the tragic event will determine which level of charge is appropriate.

The key to a successful defense is a thorough investigation by your chosen law firm. Acquiring all of the facts, interviewing witnesses, and doing a careful, in-depth analysis can yield the facts upon which a strong defense can be made.

Homicide by Vehicle OCGA 40-6-393

  • (a) Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
  • (b) Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
  • (c) Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Section 40-6-390 or 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
  • (d) Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.

Vehicular Manslaughter Sentence

Depending on whether the charge is a felony-level or misdemeanor-level, the potential sentence, upon conviction, can range from one 1-15 years. This range is per charge, meaning an accident with threee deaths would triple the potential sentencing.

In addition to incarceration, and a lifelong conviction record, a person could face a financially devastating civil lawsuit.

Vehicular Homicide Lawyer in Cherokee County GA

If you need help with vehicular homicide charges in Georgia you need to consult with a lawyer as soon as possible. Any criminal charges can be devastating to your finances, personal relationships, and ability to get a job. Contact a vehicular homicide lawyer online or call 770-956-1400.