PC §103(C) - VEHICULAR MANSLAUGHTER
CLASS D FELONY
(a) Definition
Vehicular manslaughter is defined as the unlawful killing of another person with gross negligence or while committing an unlawful act that is not a felony, but which may cause death, while operating a motor vehicle.
(b) Elements of the Offense
To prove vehicular manslaughter, the prosecution must establish the following elements beyond a reasonable doubt:
The defendant caused the death of another person.
The killing occurred as a result of the defendant's gross negligence or commission of an unlawful act that is not a felony, but which may cause death, while operating a motor vehicle.
The defendant's actions were unlawful and without legal justification or excuse.
(c) Defenses
Defenses to a charge of vehicular manslaughter may include, but are not limited to:
Lack of causation: The defendant's actions were not the direct cause of the victim's death.
Accident: The death was the result of an unforeseeable accident and not the result of the defendant's gross negligence.
Sudden emergency: The defendant acted reasonably in response to a sudden and unforeseen emergency situation.
(e) Aggravating Factors
Aggravating factors may increase the severity of the offense and the potential penalties, including but not limited to:
Prior convictions for similar offenses.
Excessive speeding, reckless driving, or driving under the influence of alcohol or drugs at the time of the offense.
Multiple victims or fatalities resulting from the same incident.
Penalties
Penalties for assault charges can vary widely depending on the jurisdiction and the specific circumstances of the offense. They may include:
JAIL TIME
360 SECONDS OF JAIL TIME.
BOND SET
$300,000.00
Last updated