Vehicular Manslaughter Types and Penalties
If someone has been charged with vehicular manslaughter, there are several categories that people should note. This is important because vehicular manslaughter charges and penalties can vary depending on the exact nature of the alleged crime.
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Some of the types of vehicular manslaughter that people should know to include:
Gross Negligence
If someone has been accused of being grossly negligent at the time the alleged manslaughter was convicted, then there must be proof that the driver failed to exercise a reasonable degree of care. The prosecution will need to prove that the average person would otherwise exercise more care than was taken in this case.
Penalties: Fines and Prison Time
This charge is a third-degree felony. If someone has been convicted of vehicular manslaughter with gross negligence, the maximum penalty is up to $5,000 in fines and up to five years in prison. In addition, someone who is convicted of this crime may also lose their license for up to one year.
Criminal Negligence
Criminal negligence is a totally separate category from gross negligence and has an even higher burden of proof. In criminal negligence, the defendant has not exercised reasonable care and judgment given the circumstances, particularly when compared to the average person. Furthermore, the prosecution will also have to prove that the defendant acted in a way that posed a significant risk to others in the area at the time of the accident. The degree of negligence will have to amount to an overwhelming deviation when compared to what someone else would have done. This is a far more severe charge.
Penalties: Fines and Prison Time
If someone is convicted of criminally negligent homicide or vehicular manslaughter, the penalties are far more severe than for gross negligence. This is considered a second-degree felony. If someone is convicted of this crime, he or she faces up to 15 years in prison. In addition, someone convicted of this crime can also be fined up to $10,000. Finally, this crime may also carry with it a license revocation of one year.
Under the Influence of Alcohol
In order to prove that someone was under the influence of alcohol at the time of the accident, the prosecution will need to prove that someone had a blood alcohol concentration of 0.08 or higher at the time of the accident. If someone is found to have been intoxicated at the time of the accident, he or she might be charged with intoxication manslaughter. DUI manslaughter can be seen as an aggravating circumstance in Utah and might lead to more substantial penalties.
Penalties: Fines and Prison Time
If someone is found to have been guilty of vehicular homicide and was under the influence at the time of the accident, AND the person has a prior conviction for driving under the influence, the crime is a second-degree felony regardless of the circumstances and is subject to the penalties accordingly. This might include up to $10,000 in fines and up to 15 years in prison. In addition, the individual may lose his or her license for up to one year.
Clearly, these penalties are severe and everyone should rely on an experienced attorney for help.
