How Is Vehicular Homicide Different from Homicide?

The charge of homicide in Pennsylvania applies to the unlawful killing of another, and it breaks down into murder charges that are classified by degree. Vehicular homicide, on the other hand, is a distinct charge, and understanding the differences between these charges can afford you a clearer view of your unique case. If you’ve been charged with vehicular homicide, you shouldn’t wait to discuss the matter with an experienced Pennsylvania criminal defense attorney.

Defending Against Homicide Charges

In Pennsylvania, homicide charges are addressed in terms of degree.

First-Degree Murder

The highest level of homicide is first-degree murder, which requires both intent and premeditation. First-degree murder is the deliberate act of killing someone else when the perpetrator has time to consider the act and to plan its commission. This intentional killing often involves lying in wait for the victim or engaging in any other deliberate and willful act, such as poisoning the victim.

Second-Degree Murder

Second-degree murder is also known as felony murder, and the charge applies when the perpetrator caused someone else’s death during the commission of another felony crime.

Third-Degree Murder

Other forms of murder in Pennsylvania are classified as third-degree murder. The element of intent is not required for a third-degree murder charge to apply.

How Vehicular Homicide Changes Your Case

Vehicular homicide in Pennsylvania is also called homicide by vehicle, and it involves unintentionally causing someone else’s death while negligently operating a vehicle, or in the course of violating a traffic law. The core elements of the charge include the following:

• The motorist was reckless or grossly negligent, which means their actions deviated substantially from those of other reasonable drivers under similar circumstances.
• If the motorist’s negligence was the direct cause of the fatal traffic accident.

Sentencing Differences

Vehicular homicide is a third-degree felony, which carries up to 7 years in prison. This makes it a lesser charge than third-degree murder, which is a felony of the first degree and carries a prison sentence of up to 40 years.

Aggravating Factors

There is a range of aggravating factors that can lead to enhanced sentencing for vehicular homicide, including the following:

• It occurred in an active work zone, which can add five years to the prison sentence
• Being in an emergency response area
• Failing to yield the right-of-way to an emergency vehicle with its warning lights activated
• Texting while driving

Turn to an Experienced Criminal Defense Lawyer if You are Facing Charges

The dedicated criminal defense attorneys at Mette Attorneys at Law in Pennsylvania are well equipped to mount a vigorous defense. We focus on achieving the best possible resolution for your case. Your future is too important to leave to chance, so please don’t put off reaching out. Contact us online or call (717) 232-5000 for more information today.