Vehicular homicide is a serious offense in Georgia, with significant legal consequences for those convicted. Understanding the intricacies of Georgia law regarding vehicular homicide, the potential penalties and the importance of securing an experienced defense attorney is crucial for anyone facing such charges. At Rowsey & Stelter, Attorneys at Law in Roswell, GA, we are dedicated to providing knowledgeable and skilled legal representation to help you navigate these challenging situations.

Georgia Law on Vehicular Homicide

In Georgia, vehicular homicide occurs when a person causes the death of another person through the operation of a motor vehicle. The state’s laws categorize vehicular homicide into two degrees based on the nature and circumstances of the incident.

First-Degree Vehicular Homicide

First-degree vehicular homicide is the more severe charge and occurs under the following conditions:

• The driver was committing a serious traffic offense, such as DUI (driving under the influence), reckless driving or attempting to evade police.
• The driver was passing a school bus unlawfully or committing a hit-and-run.
• The driver was fleeing or attempting to elude a law enforcement officer.
• First-degree vehicular homicide is classified as a felony in Georgia.

Second-Degree Vehicular Homicide

Second-degree vehicular homicide is a less severe charge and is typically associated with traffic offenses that are considered misdemeanors. These can include:

• Failure to maintain lane
• Running a red light
• Speeding
• Second-degree vehicular homicide is classified as a misdemeanor in Georgia.

Possible Penalties for Vehicular Homicide

The penalties for vehicular homicide in Georgia vary significantly based on whether the offense is classified as first-degree or second-degree.

Penalties for First-Degree Vehicular Homicide

• Prison Sentence: Conviction of first-degree vehicular homicide can result in a prison sentence ranging from 3 to 15 years for each count. In cases involving a hit-and-run, the sentence can increase to 5 to 20 years.
• Fines: In addition to imprisonment, substantial fines may be imposed.
• License Suspension: The driver’s license will be revoked for a minimum of 3 years, and the offender may have to wait even longer before applying for reinstatement.

Penalties for Second-Degree Vehicular Homicide

• Jail Sentence: A conviction for second-degree vehicular homicide can result in up to 1 year in county jail.
• Fines: Fines for second-degree vehicular homicide are typically less severe than those for first-degree charges.
• License Suspension: The driver’s license may be suspended, though typically for a shorter duration compared to first-degree charges.

Importance of an Experienced Defense Attorney

Facing vehicular homicide charges can be overwhelming, and the legal consequences can be life-altering. Having an experienced defense attorney is critical for several reasons:

Legal Knowledge and Expertise

An experienced defense attorney understands the complexities of Georgia’s vehicular homicide laws and can build a strong defense based on a thorough understanding of legal precedents and procedural requirements.

Evidence Examination and Strategy Development

A skilled attorney will meticulously examine the evidence, identify weaknesses in the prosecution’s case, and develop a strategic defense to challenge the charges. This could involve questioning the validity of evidence, seeking to suppress improperly obtained evidence, or demonstrating that the incident was an unavoidable accident.

Negotiation Skills

An experienced attorney can negotiate with prosecutors to potentially reduce charges or seek alternative sentencing options. This can be particularly important when a plea bargain is the most viable option.

Courtroom Representation

If your case goes to trial, having a seasoned attorney to represent you in court is invaluable. They will present your case effectively, cross-examine witnesses and strive to achieve the best possible outcome.

Vehicular homicide charges in Georgia carry serious consequences, making it essential to understand the legal landscape and the importance of experienced legal representation. At Rowsey & Stelter, Attorneys at Law in Roswell, GA, we are committed to providing the expert defense you need. If you or a loved one is facing vehicular homicide charges, contact us today to schedule a consultation and begin building a robust defense strategy.