DEATH BY AUTO DEFENSE ATTORNEYS
In the state of New Jersey, if someone has driven his or her vehicle recklessly and caused the death of another as a result, this accident may result in a conviction for criminal homicide. This offense is very serious, and can result in a permanent criminal record and even time in prison.Vehicle homicides are often complicated matters that have other charges closely intertwined such as a DWI, leaving the scene, or manslaughter. As a result of this tricky situation and the seriousness of the charge it is imperative of that you hire an attorney who has successfully handled vehicular homicides in the past. The Law Offices of John F. Marshall is comprised of experienced vehicular homicide defense attorneys. We represent clients throughout Ocean County including Barnegat, Brick, Forked River, Bayville, Point Pleasant Beach, Long Beach, Toms River, Little Egg Harbor, Waretown, Lacey and Tuckerton. Call us at 1-877-450-8301 or come in to our Toms River, NJ law office to talk to a defense lawyer absolutely free who can advise you of your options.
Accidents Resulting in Death
In general, the crime of vehicular homicide is an offense of the second degree and can result in 5 – 10 years of jail time. Common situations that give rise to vehicular homicide is when a defendant falls asleep while driving, driving without having slept in over 24 hours or driving while intoxicated or under the influence of drugs. Depending on the circumstances other penalties may be imposed on the defendant. For instance, if he was operating the auto while drunk or on drugs, or driving while suspended the defendant will be sentenced to a minimum term of imprisonment fixed at, or between, one-third and one-half of the sentence imposed by the court or three years, whichever is greater, and during this time the defendant not be eligible for parole. Moreover, if the defendant was intoxicated at the time of the incident they will lose their license for between five years to life which will commence upon completion of any prison sentence. The crime gets escalated to a first degree felony if the fatal accident occurred while the defendant was driving drunk through a school crossing, or within 1,000 of school property. In addition, the individual will be required to forfeit the vehicle used in the commission of the crime. It is also important to note that a charge of vehicular homicide does not preclude the court from charging an individual with aggravated manslaughter or leaving the scene of the accident. A separate sentence shall be imposed upon each such conviction and those sentences will run consecutively. If the defendant leaves the scene of the fatal accident then he will be charged with a crime of second degree leaving the scene of an accident in addition to the vehicular homicide charge. Under C:11-5.1 it is not a defense that individual did not know that death resulted from the accident nor that the accident was not the defendant’s fault.
If you or a loved one has been charged with a vehicular homicide in New Jersey then it is imperative that you retain a criminal defense lawyer to protect your interests. The lawyers at the Law Offices of John F. Marshall will dedicate themselves to your defense and will fight for your legal rights to ensure that you get out of this dilemma intact. If you would like to discuss your vehicular homicide charges or a related DWI then call our office to talk to a lawyer for absolutely free. We handle these types of cases all across Ocean County. Call today to get over 60 years of combined experience of your side!
