
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.
Contact Fienman Defense Today
If you or a loved one is facing a homicide by vehicle charge in Pennsylvania, time is critical. Michael Fienman is an experienced criminal defense lawyer in Philadelphia with a long history of success in vehicular homicide cases.
For a free, confidential consultation with attorney Fienman, call 215-839-9529 or fill out our contact form.