Criminal Defense Lawyers

How Do North Carolina’s Sentencing Guidelines Address Vehicular Homicide Cases?

How Do North Carolina’s Sentencing Guidelines Address Vehicular Homicide Cases?

Vehicular homicide is a serious crime in North Carolina that can result in lengthy prison sentences for those convicted. The state’s sentencing guidelines provide a framework for punishing offenders based on the severity of the offense and the individual’s criminal history. However, the application of these guidelines in vehicular homicide cases can be complex and varies depending on the specific circumstances of each case.

What is Vehicular Homicide?

Vehicular homicide, also known as vehicular manslaughter, is a crime that occurs when a person causes the death of another individual while operating a motor vehicle in a reckless or negligent manner

. In North Carolina, vehicular homicide can be charged as either a misdemeanor or a felony, depending on the level of negligence involved and whether the offender was under the influence of drugs or alcohol at the time of the incident.

Misdemeanor Vehicular Homicide

Misdemeanor vehicular homicide, also called misdemeanor death by vehicle, is defined under North Carolina General Statute § 20-141.4(a2). This offense occurs when a person unintentionally causes the death of another while violating a state or local traffic law, such as speeding or running a red light. Misdemeanor vehicular homicide is a Class A1 misdemeanor, punishable by up to 150 days in jail and a fine of up to $5,000.

Felony Vehicular Homicide

Felony vehicular homicide, also known as felony death by vehicle, is a more serious offense that involves a higher level of negligence or recklessness. Under N.C.G.S. § 20-141.4(a1), felony vehicular homicide occurs when a person unintentionally causes the death of another while engaged in the offense of impaired driving or any other felony offense involving the use of a vehicle. This crime is a Class D felony, punishable by up to 204 months in prison, depending on the offender’s prior record level.

North Carolina’s Structured Sentencing Guidelines

North Carolina uses a structured sentencing system to determine the appropriate punishment for criminal offenses, including vehicular homicide. This system takes into account the severity of the crime, the offender’s prior criminal record, and any aggravating or mitigating factors present in the case.

Source: N.C. Sentencing and Policy Advisory CommissionAs shown in the table above, the presumptive sentencing range for a Class D felony like vehicular homicide varies based on the offender’s prior record level. Judges have the discretion to impose a sentence within this range or to deviate from it if they find that aggravating or mitigating factors are present.

Aggravating and Mitigating Factors

Aggravating factors are circumstances that can increase the severity of a sentence, while mitigating factors can decrease it. In vehicular homicide cases, some common aggravating factors include:

• The defendant has a history of prior convictions for impaired driving or other traffic offenses
• The offense resulted in the death of more than one person
• The defendant fled the scene of the accident

Mitigating factors that may be considered in vehicular homicide cases include:

• The defendant has no prior criminal record
• The defendant accepted responsibility for their actions and showed remorse
• The defendant has a support system and good character references

Judges weigh these factors along with the facts of the case to determine an appropriate sentence within the guidelines.  However, even with mitigating factors present, vehicular homicide convictions often result in significant prison time due to the seriousness of the offense.

Plea Bargaining in Vehicular Homicide Cases

Many vehicular homicide cases in North Carolina are resolved through plea bargains rather than going to trial. In a plea bargain, the defendant agrees to plead guilty to a lesser charge or to accept a specific sentence in exchange for the prosecutor dropping more serious charges.For example, a defendant charged with felony vehicular homicide may be offered a plea deal to plead guilty to misdemeanor death by vehicle instead. This can result in a much lighter sentence, but it also means giving up the right to a trial and the possibility of an acquittal.The decision to accept a plea bargain is a personal one that should be made in consultation with an experienced criminal defense attorney. Factors to consider include the strength of the prosecution’s case, the potential sentence if convicted at trial, and the collateral consequences of a felony conviction, such as difficulty finding employment or housing.

Recent Vehicular Homicide Cases in North Carolina

To better understand how North Carolina’s sentencing guidelines are applied in practice, let’s look at some recent vehicular homicide cases in the state:

• In 2021, a Raleigh man was sentenced to 64-89 months in prison after pleading guilty to felony death by vehicle for a crash that killed a motorcyclist. The defendant had a prior conviction for impaired driving and was speeding at the time of the accident.
• In 2020, a Charlotte woman received a sentence of 44-65 months in prison after being convicted of misdemeanor death by vehicle for a crash that killed a pedestrian. The judge found that aggravating factors were present, including the defendant’s history of traffic violations and the fact that she fled the scene.
• In 2019, a Greensboro man was sentenced to 28-43 months in prison after pleading guilty to misdemeanor death by vehicle for a crash that killed his passenger. The defendant had no prior criminal record and accepted responsibility for his actions, which were considered mitigating factors.

These cases illustrate the wide range of sentences that can result from vehicular homicide convictions in North Carolina, even within the same offense class. 🧠The specific facts of each case and the individual offender’s background play a significant role in determining the ultimate outcome.

The Importance of Legal Representation

If you or a loved one is facing vehicular homicide charges in North Carolina, it is crucial to seek the advice of a skilled criminal defense attorney as soon as possible. An experienced lawyer can help you navigate the complex legal system, protect your rights, and work to achieve the best possible outcome in your case.Some key things to look for when choosing a criminal defense attorney include:

• Experience handling vehicular homicide cases in North Carolina
• Knowledge of the local court system and judges
• A track record of success in obtaining favorable plea bargains or trial outcomes
• Good communication skills and a commitment to keeping you informed throughout the process
• Positive reviews from former clients

Remember, your freedom and future are at stake when facing serious criminal charges like vehicular homicide. Don’t try to go it alone or settle for an inexperienced or overworked public defender. Investing in a quality legal defense can make all the difference in the outcome of your case.

Conclusion

Vehicular homicide is a grave offense that is taken very seriously by North Carolina’s criminal justice system. The state’s structured sentencing guidelines provide a framework for punishing offenders based on the severity of the crime and their individual criminal history, but the application of these guidelines can vary widely depending on the facts of each case.If you find yourself facing vehicular homicide charges, remember that you have rights and options. Seek the guidance of an experienced criminal defense attorney who can help you navigate this difficult time and work towards the best possible resolution. With the right legal representation and a strong defense strategy, it may be possible to avoid the most severe consequences and begin the process of rebuilding your life