Vehicular homicide is one of the most serious criminal offenses a driver can face in South Carolina. When you hear the phrase “vehicular homicide,” you might assume that you have been charged with an offense equivalent to murder. Is vehicular homicide really the same thing as “normal” homicide in South Carolina? This is a question you might want to explore with an experienced criminal defense attorney in South Carolina.
Vehicular Homicide is Always Unintentional
Vehicular homicide is distinct from normal homicide because of intent. Vehicular homicide (also called “reckless homicide” in South Carolina) stems from a mistake rather than a premeditated, intentional decision to take someone else’s life. Vehicular homicide stems from underlying charges of reckless driving, driving under the influence, texting while driving, or traffic violations (such as running a red light).
While prosecutors might argue that these underlying crimes are serious and inexcusable, they are still accidents. As a result, vehicular homicide never rises to the same level of severity as premeditated murder. However, vehicular homicide is still technically a type of homicide under South Carolina law.
The Penalties for Vehicular Homicide Are Lower
The penalties for vehicular homicide are also generally much lower than those for normal homicide. The maximum penalty for vehicular homicide is ten years in prison. On the other hand, the penalty for murder in South Carolina (the most serious type of homicide) is up to life imprisonment or death.
Felony DUI Resulting in Death in South Carolina
The word “homicide” can be misleading, perhaps causing people to assume that this charge will always be more serious than those that include other words, such as “manslaughter.” However, this is not always the case. For example, DUI manslaughter can lead to up to 25 years in prison in South Carolina. This is a longer sentence than the maximum 10-year penalty you might face for vehicular homicide in South Carolina.
What are Some Defenses to Vehicular Homicide in South Carolina?
This charge revolves around your alleged recklessness behind the wheel. If you can prove that your conduct never crossed into true recklessness, you may be able to avoid penalties. For example, your charge might stem from an alleged traffic violation. If you can prove that this violation never actually occurred, the court should drop the charge of vehicular homicide.
Depending on your circumstances, you might also want to consider a plea deal. You can choose this option if you feel that you face overwhelming evidence. Through effective negotiation, you may be able to reduce incarceration and other penalties.
Our Criminal Defense Attorney Can Help
Our criminal defense attorney may be able to help if you face charges of vehicular homicide. Although vehicular homicide might not be as serious as murder, it is still a serious offense that can lead to life-changing consequences. Contact Beasley Tomlinson Law at 864-712-4282 or visit us online to discuss defense strategies in more detail.