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If you caused a car accident that resulted in someone’s death, Ohio courts consider several factors when determining the degree of misdemeanor or felony charges. Depending on the circumstances, you could face a vehicular manslaughter or homicide conviction. For a better idea of what the outcome could be for your case, below is a look at differences between the two.

Vehicular Manslaughter 

felonyFrom failing to yield or forgetting to signal to texting while driving, many misdemeanor traffic violations can cause major accidents that result in death. If a person or their unborn child was killed, the responsible party could be charged with vehicular manslaughter. The crime is a second-degree misdemeanor, which means the driver’s license could be suspended for six months to three years. The conviction could also include up to 90 days behind bars. If the defendant has a previous vehicular homicide conviction or was driving without a valid license or no license at all, the crime is bumped up to a first-degree misdemeanor. In this case, the penalty is more severe; those charged with this offense face up to six months in jail. 

Vehicular Homicide

If the driver’s negligence or speeding through a construction zone caused the death, they will be charged with vehicular homicide. This crime is considered a first-degree misdemeanor, with up to six months in jail as the penalty. In addition to a jail sentence, the speeding charge also comes with a license suspension of up to five years. If the defendant was driving with a suspended license or had a previous vehicular homicide conviction or assault offense, the crime is raised to a fourth-degree felony, with up to 18 months in prison and a possible permanent driver’s license suspension. 

If the driver was reckless on the road, vehicular homicide could be raised to aggravated vehicular homicide. Reckless actions include driving while drunk or on drugs. A second-degree felony is attached to this crime, with a permanent license suspension and up to eight years in prison. If the license was suspended at the time of the accident, the driver is charged with a first-degree felony, which could include more than a decade in prison. If the driver was found to have operated the vehicle recklessly for any other reason, they could be charged with a third-degree felony, with a prison sentence of up to five years.

 

If you are facing misdemeanor or felony charges as a result of an auto accident in Ohio, contact James F. Bogen, Attorney at Law, in Cincinnati for help. With over 16 years of experience, he will work on your behalf to get the charges reduced for a more favorable outcome. To schedule a consultation, call (513) 503-7251, or visit the defense lawyer online to learn more about his experience.

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