One of the most tragic and serious traffic offenses someone can be charged with is Vehicular Homicide. A vehicular Homicide occurs when someone is killed due to a traffic violation. A person can be charged with Vehicular Homicide when the person who dies is a passenger in their own car, or is an occupant of another vehicle.
If a person loses their life as a result of a traffic violation, it is a vehicular homicide. Even in these circumstances, a person still has rights. You have the right to refuse to answer questions, you have a right to consult with an attorney, and you have a right to be presumed innocent until you are found guilty by a jury of your peers.
There are times where people are charged with vehicular homicide for a violation they did not commit or a crash that wasn’t their fault. Having powerful legal representation with experience in these types of cases gives you an advantage. It helps you get the best result possible. The Freedom Lawyers work to understand your case and defend your rights. We are former vehicular homicide prosecutors and have worked these cases from Start to Finish as both Prosecutors and Defense Attorneys. We know how to attack the State’s allegations and build our own evidence in your defense of the Vehicular Homicide charges. Use our knowledge and experience to your advantage -cCall for a free Vehicular Homicide consultation.
Vehicular Homicide in Georgia
In the state of Georgia, a person can be charged with either felony or misdemeanor vehicular homicide. Each kind has distinguishing traits that lead to the charge.
Felony First Degree
To be a felony, the State has to prove that the person charged with vehicular homicide was either Under the Influence. They must be Under the Influence of Alcohol or Drugs or was committing a serious driving offense at the time of the crash. These offenses include:
- overtaking and passing a school bus
- reckless driving
- driving under the influence of alcohol or drugs
- fleeing or attempting to elude a police officer
- hit and run
In addition, the DUI element of felony vehicular homicide can be proven by either DUI per se or DUI less safe. If convicted, felony vehicular homicide results in a prison sentence ranging from three to fifteen years.
Misdemeanor Second Degree
A misdemeanor vehicular homicide charge consists of any traffic offense resulting in a death. Additionally, it must not be one of the serious traffic offenses outlined in the felony version of the vehicular homicide law. Misdemeanor vehicular homicide is considered second-degree vehicular homicide. Also, it is defined as unintentionally causing the death of another via general traffic offenses. These include:
- running a red light
- failing to yield at a right of way
- Speeding
- Driving too fast for conditions
- Distracted driving
- Failure to maintain lane
- Failure to stop at a stop sign
Punishment for these incidents is a fine of up to $1,000 and imprisonment of up to one year.
Vehicular Homicide Defenses
An experienced Vehicular Homicide defense attorney will know the best way to build your defense in a Vehicular Homicide case. Our attorneys have represented clients charged with both First and Second Degree Vehicular Homicide in Marietta, Cobb County, Fulton County, and all over the State.
A good defense in a Vehicular Homicide case can be built in many ways. Ultimately, if we can show that you were not the responsible party for the crash or the death, the State can’t prove the allegations against you and we will win.
To be convicted of vehicular homicide, there needs to be definitive proof that a traffic offense occurred. If the State can’t prove this, there is no standing for the homicide charge. Next, there needs to be proof that the actions of the accused driver directly caused the death of the alleged victim. This element requires reviewing the facts of the case, crash reconstruction, crime scene investigations, and witness interviews to see if the incident was the result of the victim’s actions. We have worked on numerous vehicular homicide cases in Fulton County, Cobb County, Marietta, and all over Georgia.
Having a defense attorney with experience in vehicular homicide cases can help give you the legal support you need. The attorneys at The Freedom Lawyers have extensive experience providing legal defenses in First Degree Vehicular Homicide and Second Degree Vehicular Homicide cases throughout metro Atlanta. Our service area includes Cobb, Fulton, Dekalb, Gwinnett, Clayton, Bartow, Douglas, and Cherokee counties. We work to get to the bottom of your case and give you the resolution you need. Call us today to schedule a free consultation for your Vehicular Homicide case.
Vehicular Homicide Attorney Experience That Matters
When you’re facing vehicular homicide charges, you need more than just any criminal defense attorney – you need someone who’s been in the trenches fighting these exact cases. The Freedom Lawyers bring a unique advantage that most defense firms can’t match: we’re former vehicular homicide prosecutors who have worked these cases from start to finish on both sides of the courtroom. This experience gives us an inside perspective on how prosecutors build their cases and where their arguments are weakest.
We’ve represented clients charged with both first and second-degree vehicular homicide throughout Marietta, Cobb County, Fulton County, and across Georgia. What sets us apart is that we don’t just see you as another case file. We get to know you and your family because we understand that these charges affect everyone you care about. Our clients often tell us they feel like they’re treated like family instead of just another client, and that’s exactly how we want it.
Criminal Law Marietta – Local Court Knowledge
Every courthouse has its own personality, and Cobb County is no different. The prosecutors, judges, and court staff all have their own approaches to handling vehicular homicide cases. Having practiced criminal law in Marietta for years, we understand these local dynamics in ways that out-of-town attorneys simply can’t. We know which prosecutors are more willing to negotiate and which ones prefer to take cases to trial, and we understand how different judges tend to sentence in vehicular homicide cases.
Being based right here in Marietta means we’re always available when you need us. You won’t have to wait for an out-of-state attorney to fly in or try to reach someone who’s juggling cases in multiple cities. When you call us, you’re talking to attorneys who live and work in your community and who understand what you’re going through because we see these cases regularly in our local courts.
Get the Defense You Deserve – Call The Freedom Lawyers Today!
The legal system doesn’t wait, and neither should you. Every day you delay getting experienced legal representation is another day the prosecution has to build its case against you. We’ve seen people in your exact situation walk away with reduced charges, dismissed cases, and the chance to rebuild their lives. You don’t have to face this alone – The Freedom Lawyers are here to walk you through every step of this process, just like we’ve done for so many families before you.
When you’re facing vehicular homicide charges, you need more than just any attorney – you need a top criminal lawyer who understands these complex cases inside and out. We offer free consultations because we understand that you’re already dealing with enough financial stress. We’re available 24/7 for emergency arrests, and when you call, you’ll talk to real attorneys who have handled vehicular homicide cases from both sides of the courtroom. Your freedom is exactly what we’re here to fight for.
Frequently Asked Questions
What is the sentence for vehicular homicide in Georgia?
For first-degree vehicular homicide, the sentence ranges from 3 to 15 years in prison, plus possible sentencing for the underlying offenses like DUI or Feeling and Eluding. For second-degree vehicular homicide, the penalty is up to one year in jail and/or a maximum fine of $1,000. However, if you’re a habitual violator, the sentence can be enhanced to 5 to 20 years in prison. The exact sentence depends on many factors including your criminal history, the specific circumstances of the case, and whether multiple people died in the accident. Understanding Georgia’s vehicular homicide sentencing guidelines can help you and your attorney prepare for what you might be facing.
What is the difference between vehicular homicide and vehicular manslaughter?
Georgia uses the term “vehicular homicide” rather than “vehicular manslaughter” like many other states. The terms refer to the same type of crime – unintentionally causing someone’s death while driving. Georgia’s law specifically uses “vehicular homicide” or “homicide by vehicle” under O.C.G.A. § 40-6-393, while other states might call similar crimes “vehicular manslaughter”. The key difference is just terminology – the legal consequences and defenses remain similar. Why Georgia calls it vehicular homicide instead of manslaughter is rooted in how our state legislature chose to define these crimes.
What is the code for homicide by vehicle in Georgia?
Georgia’s vehicular homicide law is found in O.C.G.A. § 40-6-393. This statute defines both first-degree vehicular homicide (felony) and second-degree vehicular homicide (misdemeanor), along with the specific traffic violations that determine which degree you’ll be charged with and the penalties for each. The law also covers special circumstances like habitual violators and feticide by vehicle. Breaking down Georgia Code Section 40-6-393 helps explain exactly what prosecutors must prove to convict you.
Can vehicular homicide charges be reduced or dismissed?
Yes, experienced attorneys can often get charges reduced or even dismissed completely. This depends on factors like the strength of the evidence, whether proper procedures were followed, and whether there are questions about causation. We’ve helped clients avoid charges entirely when we convinced prosecutors that evidence was insufficient, and we’ve successfully negotiated reductions from felony to misdemeanor charges. How to get vehicular homicide charges reduced in Georgia requires understanding both the law and local prosecutor practices.
What should I do immediately if I’m arrested for vehicular homicide? Exercise your right to remain silent and ask for an attorney immediately. Don’t answer questions or try to explain what happened – anything you say can be used against you later. Contact an experienced vehicular homicide attorney as soon as possible, ideally within 24 hours, because early intervention can sometimes prevent charges from being filed or help preserve important evidence for your defense. Your rights after a vehicular homicide arrest are critical to protecting your case from the very beginning.
What are the most common defenses in vehicular homicide cases? Common defenses include challenging causation (proving the traffic violation didn’t actually cause the death), questioning the underlying traffic charge (like challenging a DUI), mechanical failure of the vehicle, medical emergency, or showing that another driver’s actions were the actual cause. Accident reconstruction experts often play a key role in building these defenses. Each case is unique, and the best defense strategy depends on the specific facts of your situation. Proven defense strategies for vehicular homicide in Georgia can help you understand what options might be available in your case.
What happens if I’m declared a habitual violator and charged with vehicular homicide?
Suppose you’re already a habitual violator (three or more serious traffic convictions in five years) and cause a death while driving on a revoked license. In that case, you face enhanced penalties of 5 to 20 years in prison with a mandatory minimum of one year that cannot be suspended or probated. This is much more serious than regular first-degree vehicular homicide charges. The state will aggressively pursue these cases because of the enhanced penalties involved. Georgia’s habitual violator vehicular homicide penalties carry some of the harshest sentences in the state.. The attorneys at The Freedom Lawyers have extensive experience providing legal defenses in First Degree Vehicular Homicide and Second Degree Vehicular Homicide cases throughout metro Atlanta. Our service area includes Cobb, Fulton, Dekalb, Gwinnett, Clayton, Bartow, Douglas, and Cherokee counties. We work to get to the bottom of your case and give you the resolution you need. Call us today to schedule a free consultation for your Vehicular Homicide case.
