When a motor vehicle accident leads to death, the State of Georgia often charges the surviving motorist with Vehicular Homicide.
Why would law enforcement charge a person with such a serious offense when the death was an accident? A criminal defense lawyer in Savannah, GA can help.
The Basics of Vehicular Homicide in Georgia
Homicide by vehicle refers to causing someone's death while operating a car, truck, motorcycle, or other type of motor vehicle. Georgia law separates this charge into two degrees, depending on the circumstances surrounding the incident:
- First-degree occurs in cases involving DUI or Reckless Driving. These felony offenses can lead to prison time ranging from 3 to 15+ years.
- Second-degree involves less severe violations like running a red light or failing to yield. This is treated as a misdemeanor, carrying penalties of up to 12 months in jail and a $1,000 fine.
Multiple violations of Georgia traffic laws might lead to this charge, including but not limited to:
- Driving under the influence of drugs or alcohol.
- Reckless or distracted driving.
- Failing to stop for a school bus or traffic violation that causes a death.
- Speeding or driving too fast for road conditions.
The consequences of a conviction are severe, impacting your freedom, your record, and your future. Each case is unique, requiring strong legal defense to challenge these allegations.
Do we have Vehicular Manslaughter in Georgia?
No.
Manslaughter, as it's widely understood, implies a death caused by negligence or reckless disregard for safety. While Georgia law doesn't specifically use the term 'vehicular manslaughter,' it addresses similar offenses under its vehicular homicide statutes, focusing on negligence or reckless disregard for safety.
To better understand these nuances, consider how circumstances shape the charge:
- The intent behind actions: Vehicular homicide often results from Reckless Driving or DUI, while less second degree charges similar to other states manslaughter statutes reflects negligence.
- Degrees of severity: First-degree charges involve severe violations with harsher penalties. Misdemeanor cases resemble the manslaughter concept, focusing on negligence without malicious intent.
Each classification impacts sentencing, legal processes, and defense strategies a criminal defense attorney may use. Knowing where a case falls is vital, especially when preparing to fight the charges.
Potential Defenses for Vehicular Homicide Cases
Facing such life-altering charges is overwhelming. However, several points can be explored when building a defense. These include trying to establish that:
- There is insufficient evidence to suggest the accused was in violation of traffic laws.
- The traffic violation was not the proximate cause of the death.
- There is strong evidence suggesting that fault for the incident lay with another party or circumstances outside the driver's control.
Each case has unique aspects that require careful consideration. Every detail, from road conditions to the actions of other drivers, matters. This is why it's essential to have a dedicated advocate who understands the law thoroughly.
What To Look For In A Criminal Defense Attorney When Facing Charges
When you're facing vehicular homicide charges in the State of Georgia, the stakes couldn't be higher. Your freedom, reputation, and future are on the line. Choosing the right defense attorney is one of the most important decisions you'll make.
The lawyer you hire needs to bring more than legal knowledge—they need the skills, experience, and determination to fight your case aggressively and effectively.
Key qualities to look for when selecting legal representation for such a serious matter include:
- Deep experience in criminal defense: Look for a lawyer with a long-standing focus on criminal defense and DUI cases. Experience defending against serious charges often means a deep understanding of the law and how to challenge the prosecution's narrative.
- Insight from prior prosecution work: An attorney who has served as a prosecutor understands how cases are built and where weaknesses in evidence can be exposed. This insider perspective can provide a distinct strategic advantage in court.
- Direct client involvement: You want an attorney who will personally handle your case rather than passing it off to associates or staff. Personalized attention ensures your story is heard and every detail of your defense is addressed.
- A track record of high-pressure representation: An attorney who thrives in high-stakes cases is someone you can trust to remain laser-focused and aggressive under pressure.
- Clear communication and straight forward answers: Facing criminal charges is already stressful. An attorney who explains legal terms clearly and offers straightforward guidance can help ease that burden while keeping you informed.
Choosing an attorney with these qualities can offer strong support and invaluable guidance throughout your case.
What Should You Do When Facing Vehicular Homicide Charges?
Facing any degree of these charges can turn your entire world upside down. The legal process is intimidating, and the consequences are life-altering. Critical actions to take include:
- Exercise your right to remain silent: Any statement you make can be used against you. Avoid answering questions from law enforcement or anyone involved until you’ve consulted with your attorney. This protects you from unintentionally incriminating yourself.
- Secure legal representation immediately: Time is critical when building a defense. Hiring an experienced criminal defense attorney ensures that your rights are protected from the start and that the strongest possible case is prepared on your behalf.
- Preserve all evidence related to the incident: Gather any documents, photos, or records that could support your version of events. While you should not investigate the case yourself, providing your attorney with any materials you have can help them craft a solid defense strategy.
- Avoid discussing the case with others: Keep details of the incident private, even with friends and family. Public or casual conversations can be misconstrued and used against you if brought to light. Share all relevant details only with your attorney.
- Follow your attorney’s guidance closely: Vehicular homicide charges are complex and serious. Trust your lawyer’s advice on what to say, what steps to take, and how to handle the process as your case progresses.
Facing charges like these can feel overwhelming, but you don’t have to face them alone. Seeking legal advice now can make all the difference in defending your rights and your future.
The Atlantic Law Firm | Criminal Defense Lawyer in Georgia Ready To Fight For Your Rights
Facing a charge as severe as vehicular homicide is life-changing. The situation is overwhelming, and the uncertainty can leave you questioning how to move forward with a strong defense. That's why having a dedicated advocate like Stacey M. Goad is essential.
With over 15 years of experience in criminal law and a background as a former prosecutor, she knows how to challenge weakness in the prosecution's case, advocate for reduced charges, and fight for your rights at every stage of the legal process.
Contact The Atlantic Law Firm online or at (912) 209-9000 to discuss your case with a qualified attorney who can provide guidance tailored to your unique situation.