Sentencing Factors in Vehicular Homicide Cases

Vehicular manslaughter, vehicular homicide, or homicide by a vehicle – as it’s known in Pennsylvania – is a serious felony with dire consequences. These tragic events happen more often than you think, and if you’re facing charges, it’s essential to understand what to expect during sentencing and how to protect your rights.

What Is Homicide by Vehicle in Pennsylvania?

In Pennsylvania, there are two main types of vehicular homicide. Both are felonies and can lead to prison time and other long-term consequences.

Homicide by Vehicle

Homicide by vehicle involves the reckless or grossly negligent operation of a motor vehicle that unintentionally causes the death of another person. An example is driving the wrong way on a one-way street and causing a fatal head-on collision.

Homicide by Vehicle While DUI

This more severe charge involves causing someone’s death while driving under the influence of alcohol or drugs. Even a first-time DUI offender can face years in prison if someone is killed as a result.

Penalties for Homicide by Vehicle in Pennsylvania

Homicide by Vehicle (Non-DUI)

• Third-degree felony
• Punishable by up to seven years in prison
• $15,000 fine
• Suspended driver’s license for three years

Homicide by Vehicle While DUI

• Second-degree felony
• Minimum prison sentence of three years; up to 10 years for each homicide charge
• $25,000 fine for each victim
• Suspended driver’s license for three years or longer

Factors That Affect Sentencing

Many factors impact sentencing, many of which could improve or hurt your situation.

Criminal History

Having a clean record with no prior arrests or convictions could reduce your penalty. On the other hand, prior DUIs or reckless driving convictions will not paint you in a positive light.

Age of the Defendant

Juveniles could receive a lighter sentence due to their age.

No Signs of Intoxication

If you successfully pass a blood or chemical drug test, you face lesser consequences.

Character Letters & Pre-Sentencing Motions

Family members and friends can send pre-sentencing letters to the court on behalf of the defendant. These letters should include positive character statements about the defendant.

Defendants can also write to the court requesting leniency. A genuine statement of remorse and a willingness to take responsibility could improve your standing with the court.

Sentencing Alternatives for Homicide by Vehicle

Depending on the nature and circumstances involved, you could request alternatives to imprisonment, including:

Inpatient Treatment Credit

Pennsylvania law allows a sentencing judge to give credit to individuals who received inpatient treatment for substance abuse and other mental health issues.

House Arrest

House arrest means that you have restricted motion via an electronic monitoring system.

Weekend Jail

It might be possible to negotiate for weekend jail so that you may work during the week. This option might be available for defendants who are the primary breadwinners and do not pose a flight risk.

Probation

In some instances, the court could assign you probation. You are responsible for reporting to your appointed officer and obeying the conditions of your probation.

Ignition Interlock Device

You could avoid an extended license suspension by agreeing to install an ignition interlock device. You will only be able to start your engine if you pass the device’s alcohol test.

Defensive Driving Courses

For vehicular homicide convictions caused by reckless driving, the court could substitute or reduce jail time with certain defensive driving courses.

Alcohol or Drug Rehabilitation

You might be able to avoid prison by agreeing to alcohol or drug rehabilitation.

Victim Restitution

Victim restitution means that you financially compensate surviving family members for their economic and emotional loss.

How an Attorney Can Help with Sentencing

An experienced attorney understands Pennsylvania’s complex criminal code and looks for weaknesses in the prosecution’s case. If there are no grounds to dismiss your charges or prove your innocence at trial, a lawyer can help you mitigate the negative impact and secure a favorable sentence.

An attorney who knows the local court systems can negotiate with the prosecution to arrange a plea to a lesser charge, advocate for house arrest or probation instead of incarceration, and use pre-sentencing documents to present your case to the judge in support of a request for leniency.