Vehicular Homicide, also called Death by Auto, under N.J.S.A. 2C:11-5, is a serious criminal charge in New Jersey. New Jersey prosecutors charge someone with Vehicular Homicide when they think the person was driving recklessly and that it caused another person’s death. Common driving factors that can constitute recklessness include speeding, racing, driving under the influence, swerving, and other dangerous driving behaviors.
In New Jersey, Vehicular Homicide is typically charged as a second-degree crime. However, it can be elevated to a first-degree crime. This happens when the person was driving under the influence of drugs or alcohol and other factors are present.
A conviction for Vehicular Homicide can result in severe consequences. If you’re facing charges for Vehicular Homicide in New Jersey, you have to understand the full scope of the situation. The potential penalties are a huge part of the situation. Just remember that, even in the most challenging cases, there may be legal defenses available to you.
If you’re afraid for yourself or for someone else because they are facing a Vehicular Homicide charge, you have every right to feel the way you. The consequences of a conviction are serious and life changing. That’s why you must have an experienced NJ Vehicular Homicide attorney on your side to fight in court.
The Consequences of a Vehicular Homicide Conviction
The consequences Vehicular Homicide/Death by Auto in New Jersey are incredibly unforgiving. Here’s a closer look at what you could be facing if convicted of Vehicular Homicide:
- Imprisonment: A conviction for Death by Auto as a second-degree crime can lead to 5 to 10 years in state prison, with the possibility of parole after serving 85% of the sentence, due to the No Early Release Act (NERA), N.J.S.A. 2C:43-7.2. The sentence could range from 10 to 20 years in state prison if it is a first-degree charge.
- Fines: In addition to imprisonment, fines associated with Vehicular Homicide convictions are steep. The fines are up to $150,000 for a second-degree offense, and as much as $200,000 for a first-degree offense, making the financial impact of such a conviction significant.
- Permanent Criminal Record: A conviction for Vehicular Homicide carries the stigma of a felony and will appear on your criminal record permanently. This will likely affect your future employment opportunities, housing options, and international travel. Having a felony record can create long-term obstacles that are difficult to overcome.
- Collateral Consequences: In addition to the direct criminal penalties, a Vehicular Homicide conviction can have a deep personal and emotional impact. It may lead to strained relationships with family and friends, loss of career opportunities, and a lifetime of emotional distress.
We Have Ways to Fight Vehicular Homicide Charges
While a conviction for Vehicular Homicide may seem inevitable, there are several potential legal defenses that an experienced NJ vehicular homicide attorney like Brad V. Shuttleworth can employ to challenge the charges or reduce the severity of the penalties:
- Challenging Recklessness: One of the most important elements of the case is proving recklessness. The prosecution has the burden of proving beyond a reasonable doubt that your driving was reckless. If the driving behavior was not reckless or if something else beyond your control caused the fatality, then we may be able to have the Vehicular Homicide charge dismissed pretrial or have a jury acquit you of this charge.
- Causation Defense: Another key defense involves challenging the causation of the death. There may be doubts about whether your actions directly caused the fatality. For example, if the victim’s own actions, health issues, or another driver’s actions contributed to the accident, we could argue that you should not be held responsible.
- Constitutional Violations: If law enforcement violated your constitutional rights during the arrest or investigation, then we may be able to exclude this evidence at trial. For example, if the police failed to properly read your Miranda rights or if they conducted improper field sobriety tests, then the evidence could be challenged.
- Negotiated Plea Deals: If the evidence against you is just strong, it might be in your best interest to negotiate a good plea deal. A skilled attorney, like those at Shuttleworth Law P.C., can push for reduced charges or a lighter sentence, helping you avoid the harshest penalties.
Why Hiring Shuttleworth Law P.C. is Your Best Choice
Facing charges of Vehicular Homicide or Death by Auto is a terrifying experience. However, you don’t have to face it alone. Brad V. Shuttleworth, Esq. is an experienced NJ Vehicular Homicide attorney at Shuttleworth Law P.C. He’s dedicated to helping clients navigate these serious charges. Brad is well-equipped to challenge the evidence, negotiate favorable plea deals, and fight for a reduction in charges. At Shuttleworth Law P.C., we understand the overwhelming consequences of a Vehicular Homicide conviction and will tirelessly work to protect your rights and secure the best possible outcome for your future.
Don’t wait to get the help you need. Call the team at Shuttleworth Law P.C. at 888-529-3486 or 856-681-0185 today for a FREE CONSULTATION. You can also message us online for a quick and easy way to get in touch and received your FREE CONSULTATION.
We want to help. So let us help you take the first step toward securing the best possible outcome for your case.