In Ohio, two different vehicular-related crimes, vehicular homicide and vehicular assault, share some common elements. However, being able to distinguish between the two will help any person charged with a vehicle crime to plan their defense moving forward.
What is Vehicular Homicide?
Ohio law defines vehicular homicide as causing the death of another person while operating a motor vehicle.
Penalties associated with vehicular homicide depend in large part upon the manner in which the offense is committed.
Aggravated Vehicular Homicide
If your alleged reckless driving or alleged reckless operation of a motor vehicle caused the death of another and was committed with an invalid or suspended license, you could be charged with a second-degree felony and be facing up to eight years in prison and a lifetime driving suspension. If your license was valid, but you are alleged to have been reckless behind the wheel, you could still face up to five years in prison and a three year to life driving suspension.
What is Vehicular Assault?
Vehicular Assault is defined as causing serious physical harm to another person or another person’s unborn child while operating a motor vehicle.
Penalties for vehicular assault depend upon whether the crime is charged as a misdemeanor or felony offense. The circumstances of the case will determine the level at which the crime is charged. In most instances, vehicular assault is a felony of the fourth degree.
Why Hire a Vehicular Crimes Defense Attorney?
Individuals accused of having committed either vehicular homicide or vehicular assault benefit significantly from hiring an attorney who serves clients accused of vehicular-related crimes. When evidence, such as vehicle damage or tire marks on a road, can be quickly lost, having an attorney who can identify where and how to preserve critical evidence makes a tremendous difference in preserving the accused’s freedom.
Risks of Inaction After Being Charged With Vehicular Homicide or Vehicular Assault
Waiting to handle matters related to vehicular assault or homicide charges is a major mistake. After a car accident occurs, it is not a given that the at-fault driver will be charged immediately. A common occurrence is that a driver who caused the accident will be ticketed for a relatively minor offense and then summoned to court for a hearing.
During this time, law enforcement is investigating the circumstances of the accident. Collecting information takes time. Speaking to witnesses and reviewing photos and video of the accident is not something law enforcement can do overnight. Rather, once an investigation is complete, a recommendation can be made to a prosecutor regarding an appropriate charge that can be proven in court.
Protect Your Freedom and Fight For Your Rights: Contact The Robert Jones Defense Firm
Your freedom is precious and not guaranteed once you’ve been charged with a vehicular crime. Contact The Robert Jones Defense Firm for a case review. We treat each of our clients as an individual and develop a case strategy tailored to their needs and specific goals.