The difference between vehicular homicide and manslaughter in Ohio comes down to the level of negligence involved. Vehicular homicide involves a higher degree of negligence and is charged as a first-degree misdemeanor, while vehicular manslaughter is tied to a minor traffic violation and treated as a second-degree misdemeanor. Because of this, vehicular homicide carries steeper penalties.
Seek legal help immediately if you are charged with vehicular homicide or manslaughter. Have a Cleveland vehicular manslaughter defense lawyer evaluate your case. Your attorney can answer any questions you have about the difference between vehicular homicide and manslaughter.
In addition, your criminal defense attorney can explain your legal options and what to do to defend against a vehicular homicide or manslaughter conviction. They can also put together a legal defense specific to the circumstances of your case.
Vehicular Homicide vs. Manslaughter in Ohio: How Are They Different?
In Ohio, vehicular homicide typically involves negligent driving and is treated as a first-degree misdemeanor. Comparatively, vehicular manslaughter is associated with a minor traffic violation and charged as a second-degree misdemeanor.
Those convicted of vehicular homicide can be subject to up to six months in jail, a fine of up to $1,000, and a driver’s license suspension of up to five years. Alternatively, a conviction for vehicular manslaughter can result in a jail sentence of up to 90 days, a fine of up to $750, and a driver’s license suspension that extends up to three years.
You can be charged with aggravated vehicular homicide if you cause a person’s death because you were driving under the influence, operating a vehicle recklessly, or speeding in a construction zone. This offense is a first-, second-, or third–degree felony depending on circumstances and prior history, with penalties that can include prison time, thousands of dollars in fines, and a lifetime driver’s license suspension.
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How Are Vehicular Homicide and Manslaughter Similar?
Vehicular homicide and manslaughter involve causing a person’s death while driving a motor vehicle. Both can stem from a motorist speeding, running a red light, or committing other negligent acts. In many instances, the offenses are misdemeanors, and those convicted can receive jail time, a fine, and a suspension of their driver’s license.
Outside of these things, getting convicted of vehicular homicide or vehicular manslaughter will result in a permanent criminal record. This means that your conviction can appear on a background check and hurt your chances of landing a job, buying a home, or achieving other life milestones.
If you are charged with vehicular manslaughter or vehicular homicide in Ohio, it pays to have criminal defense lawyers with relevant case experience on your side. Your attorney can analyze your case and look for ways to contest the prosecution’s argument.
Legal Defenses to Consider for Vehicular Homicide or Manslaughter
Meet with a Cleveland criminal defense lawyer as soon as you can following your arrest.
Your attorney may utilize any of these legal defenses to fight back against your charge:
- Challenging causation: Your actions were not the direct, proximate cause of a person’s death.
- Unavoidable accident: You were involved in a true accident that didn’t involve negligence or a violation of traffic laws.
- Medical emergency: You were dealing with a medical emergency that caused you to lose control of your vehicle and get into an accident.
Expect your lawyer to account for the prosecution’s collection of evidence and how they can poke holes in their argument. Meanwhile, your attorney could engage in plea bargaining with a prosecutor in the hopes of getting your charge reduced.
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Can You Get a Vehicular Homicide or Manslaughter Plea Deal?
As you weigh the differences between vehicular homicide and manslaughter, it is important to note that your criminal defense attorney could negotiate a plea deal with the prosecutor in your case.
Below are some of the factors that can determine if a plea bargain is a viable option for you:
- The strength of the prosecution’s evidence
- Your criminal history
- If alcohol or drugs were involved in your offense
Your lawyer can guide you through the plea bargain process in your Ohio criminal case. If the prosecution offers a vehicular homicide or manslaughter plea deal, review the proposal with your attorney, and you can make an informed decision on it.
Or, if a plea agreement isn’t possible or isn’t in your best interests, your lawyer will ensure your case is ready for trial.
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Learn More About Vehicular Homicide vs. Manslaughter and the Difference Between Them
Criminal defense lawyers can detail the difference between vehicular homicide and manslaughter and what will happen if you’re convicted of either offense. On top of that, they can prepare a legal strategy that positions you to get your vehicular homicide or manslaughter charge lowered or dismissed.
HMW Law—Ohio Trial Attorneys has a legal team in place with over 60 years of combined experience. We know how stressful it is to be charged with vehicular homicide or manslaughter. Our criminal defense lawyers can give you information about the difference between vehicular homicide and manslaughter and help you at each stage of your litigation.
Give us the opportunity to represent and advocate for you in your vehicular homicide or manslaughter case. To get started, request a free case consultation.
Call or text 216-774-0000 or complete a Free Case Evaluation form