Manslaughter and vehicular homicide are serious charges in Oregon, which can lead to severe penalties. So, if you are charged with these crimes, know the legal implications and the charges.
To help you understand the legal principles involved in manslaughter and vehicular homicide cases, this blog offers a comprehensive overview of what to know and what steps to take.
What Is Manslaughter?
Manslaughter is a crime that involves the illegal killing of another person without premeditation or planning. Vehicular homicide falls under this crime since it involves killing another person resulting from a motor vehicle's negligent or reckless operation.
In Oregon, manslaughter is classified as first-degree manslaughter, second-degree manslaughter, criminally negligent homicide, and aggravated vehicular homicide. As the severity of the crime increases, so do
the punishments.
First-Degree Manslaughter
A person is charged with first-degree manslaughter if they kill another person intentionally or if the motorist recklessly engages in conduct that shows extreme indifference to the value of human life.
For example, if you ignore the DUI laws or recklessly take part in a road rage incident and it results in death, you could be charged with first-degree manslaughter.
In the same way, you could be charged with this crime if you have had three DUIs within the last ten
years and your fourth DUI results in an accident that kills someone.
The penalties for first-degree manslaughter are severe, resulting in a 10-year prison sentence and no parole for those convicted.
Second-Degree Manslaughter
A person is charged with second-degree manslaughter if they kill someone unintentionally while performing a reckless act that creates a risk of death. For you to be charged with this crime, the state must show that you were aware of the risk but failed to do something to prevent it.
For example, if you knowingly drive while intoxicated and cause an accident that kills another person, you could be charged with second-degree manslaughter.
The punishments for second-degree manslaughter vary depending on the severity of the crime and can range from probation to a 75-month prison sentence.
Criminally Negligent Homicide
A person is charged with criminally negligent homicide when they fail to act with reasonable care and kills someone as a result. Criminal negligence shows that the motorist was aware of the potential risks but failed to take appropriate actions to prevent it.
For example, if you are distracted while driving and run over a pedestrian because you didn't see them in time, then you would likely be charged with criminally negligent homicide.
The penalties for this crime are often less severe than first-degree or second-degree manslaughter and differ depending on the severity of the act.
Aggravated Vehicular Homicide
Aggravated vehicular homicide is similar to criminally negligent homicide but with an added element like a DUI or reckless driving.
For example, if you drive while under the influence of drugs and alcohol and cause an accident that kills someone, then you would receive a charge of aggravated vehicular homicide. Also, you may be charged with this crime if you were previously convicted of first-degree, second-degree, or criminally negligent homicide.
The punishments for aggravated vehicular homicide can range from probation to a 20-year prison sentence with no parole.
If you are charged with manslaughter or vehicular homicide, seek help from an experienced criminal defense attorney as soon as possible. The law surrounding these crimes is complex and requires experienced legal professionals to help you gather solid proof and build an effective defense.
