Learn About Criminal Charges Stemming from an Accident That Resulted from the Death on the Road
Over the last 26 years, I've provided legal representation in hundreds of cases involving accidents resulting in death. Some of these cases have been resolved at the civil level, with no criminal charges being prosecuted against my clients. This underscores the importance of having a strong legal advocate by your side.
Other times, the prosecutors have filed various charges related to the accident, ranging from involuntary manslaughter to vehicular manslaughter to all the way up to murder and sometimes a felony DUI.
It really just relates to what the person was doing at the time that the accident and the death occurred and why the death occurred. The cause is sometimes a big issue. In other words, sometimes people get into an accident, a death may occur, and it may not be the fault of my client.
Maybe somebody else caused the accident, but they found out that my client was intoxicated in some way, either from marijuana, alcohol, prescription medication, or illegal drugs. Sometimes, the client is speeding at an excessive rate and runs a red light — otherwise, reckless driving and death occur.
Criminal Negligence vs. Civil Negligence
Criminal negligence is a more serious form of negligence that can lead to criminal charges, while civil negligence typically results in civil lawsuits for damages. The distinction between the two is crucial in determining the potential severity of the charges.
These are all circumstances where the prosecutors — depending on what happened — can file anything from involuntary manslaughter up to the murder and, in between — vehicular manslaughter.
This is really going to depend on the level of dangerous activity the person was engaging in when the death occurred, in other words, speed, reckless driving, alcohol-related offenses, and drug-related offenses.
They're going to look at all the circumstances surrounding what happened and make a judgment call on whether or not the case should be filed as involuntary manslaughter, which is usually some sort of a negligent accident.
However, the conduct by the defendant is enough to be criminal negligence versus civil negligence where they wouldn't file anything against the person. If the person is driving recklessly in a grossly negligent manner and a death occurs, they could file vehicular manslaughter which would usually be filed as a felony. The person could be facing prison time under those circumstances.
Second-Degree Murder Charges
Then, finally, there are a number of different ways for them to file a second-degree murder charge, where the person would be looking at 15 to life in prison. One way would be a wanton disregard for human life, and I've seen this come from drinking alcohol or using some sort of drugs.
For instance, driving under the influence of drugs or alcohol, especially at high speeds, can be considered a wanton disregard for human life. This behavior, if it results in a fatal accident, could lead to second-degree murder charges.
I've even seen people charged who are driving 100 miles an hour through a residential neighborhood run a red light and kill somebody. I've seen those people charged with second-degree murder because that behavior is so wanton and so dangerous the prosecutors believe that they can charge that type of a charge.
I've had many jury trials where I'm battling between vehicular manslaughter and second-degree murder—a huge difference in the sentencing. You can't, in some circumstances, argue for a complete not guilty because you obviously have evidence that your client did something illegal, and they're going to get convicted of something.
Contact Hedding Law Firm for Help
If you just try to get complete, not guilty, sometimes the jury is angered by that if the person is trying to get off from everything. So, sometimes, you have to concede certain things.
These are all strategic decisions that you, as the client, will be involved in. Your input is crucial in these discussions with your criminal defense attorney. It's important to remember that you're not alone in this process.
These are the conversations I have with my clients all the time. We carefully examine the evidence, weigh the options, and decide on the best course of action for you or your loved one. If you're in need of help, don't hesitate to reach out. You're not alone in this, and we're here to fight for you.
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