Vehicular Homicide Charges in Georgia?

Have You Been Charged with Vehicular Homicide in Georgia?

Vehicular homicide charges can be brought against someone when a death results from an auto accident. The State of Georgia has two types of vehicular homicide charges: first degree (felony) and second degree (misdemeanor).  

FELONY VEHICULAR HOMICIDE

First-degree vehicular homicide is a felony.  O.C.G.A. § 40-6-393(a) and (b) states that a person commits homicide by vehicle in the first degree when:

Without malice aforethought, a person causes the death of another by

• Overtaking and passing a school bus (O.C.G.A. § 40-6-163);
• Reckless driving (O.C.G.A. § 40-6-390);
• Driving under the influence of alcohol or drugs (O.C.G.A. § 40-6-391); 
• Fleeing or attempting to elude a police officer (O.C.G.A. § 40-6-395);
• Hit and run. (O.C.G.A. § 40-6-270); or 
• Leaving the scene of the accident (O.C.G.A. § 40-6-270 

For all of the above situations, the penalty is three to fifteen years.  The criminal defense attorneys at Conaway & Strickler, PC, have been able to get those 3 years probated for several of our clients.  It is very important to retain a lawyer very early on after the accident so that all of your rights are protected and you get the best legal defense possible.  

Recently, an 18 year old was charged with felony first degree vehicular homicide in the death of beloved teacher Jason Hughes in Hall County, Georgia.  Meg Strickler recently discussed this case on the Law & Crime network. 

MISDEMEANOR VEHICULAR HOMICIDE 

Other than the driving offenses delineated above for felony vehicular homicide, all other simple misdemeanor traffic offenses will result in misdemeanor vehicular homicide.   Simple traffic charges can include failure to maintain lane, distracted driving, running a red light, etc.  

If you are a facing vehicular homicide case, contact us for more information and to retain a criminal defense attorney in Georgia who will represent your best interests.