Motor Vehicle Homicide
Any motor vehicle accident causing death is a horrendous experience for all involved. And if you are accused of negligently or recklessly causing someone’s death in a car accident, you can be charged with motor vehicle homicide or manslaughter by motor vehicle under Massachusetts law.Criminal Charge in Massachusetts? Call (781) 817-6332.
If you are accused of leaving the scene of an injury resulting in death, or if you were allegedly impaired during the accident, the criminal charges are compounded.
In addition to all this, your name will probably be in the news, particularly if it is an alcohol-related accident that resulted in someone’s death. That kind of stress and shame can be overwhelming if you have made a terrible mistake.
But you still have rights, and you need and deserve proper legal defense representation in court. Whatever lead you to this situation, you are innocent until proven guilty. A defense attorney will fight on your behalf to get you the best possible outcome.
When it feels like no one is on your side, please contact me for a confidential legal defense consultation.
Massachusetts Motor Vehicle Homicide Laws & Penalties
Motor vehicle homicide charges can be either a misdemeanor or felony, depending on if the driver was impaired by alcohol or drugs.
For any motor vehicle homicide conviction in Masachusetts you face a 15 year license loss. And it could be lifetime license suspension (revocation) if you have a prior OUI conviction on your driving record.
Your license is immediately suspended upon being charged with motor vehicle homicide. You will have to have a hearing at the Registry to get your license reinstated even if you are acquitted.
Misdemeanor Motor Vehicle Homicide Charge – Massachusetts Penalties
A misdemeanor vehicular homicide is charged when you are accused of driving negligently or recklessly resulting in a death.
The penalty for motor vehicle homicide is from minimum of 30 days in jail or up to 2 ½ years in the House of Correction. Fines range from $300-$3000.
Felony Motor Vehicle Homicide Charge -Massachusetts Penalties
To be convicted of felony vehicular homicide, the Commonwealth must prove that your driving negligently or recklessly caused death, while you were under the influence of an intoxicating substance (alcohol or drugs).
The penalty under Massachusetts law 90 24G for felony motor vehicle homicide is a minimum 1 year in house of corrections, which must be served. The maximum is 15 years in state prison. There is also a fine of no more than $5000. And you are not eligible for parole until after 1 year of sentence.
Manslaughter by Motor Vehicle
With essentially the same standard of proof, you can potentially be indicted and face a more serious charge of manslaughter by motor vehicle (manslaughter while operating a motor vehicle) in a Massachusetts Superior Court.
Penalties for vehicular manslaughter under Massachusetts law 265-13 are as follows:
- Mandatory minimum 5 years in jail.
- Maximum 5-20 years in prison.
- Fines up to $25,000.
- 15 year license loss
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