Were you charged with vehicular manslaughter in Montgomery County? It is one of the most serious criminal charges in Maryland. At Alpert Schreyer Criminal Defense Attorneys we can help you out. Call us at (301) 364-3195 to schedule a free consultation with a Montgomery County vehicular manslaughter attorney.
Our lawyers have 125 years of combined experience. We will defend you from a damaging criminal record and a potential prison sentence. Contact our office today to schedule a free consultation with our attorneys.
How Our Montgomery County Vehicular Manslaughter Lawyers Can Help If You Are Arrested For Vehicular Manslaughter In Maryland
A Montgomery County vehicular manslaughter attorney is your best resource when facing vehicular manslaughter charges in Montgomery County, MD. We help our clients identify the strongest defense in their case and present it in the most persuasive way.
Alpert Schreyer Criminal Defense Attorneys helps clients avoid criminal convictions and mitigate the consequences of a conviction. Our team is highly qualified, discreet, and unafraid to stand up for you at trial.
We are dedicated to helping our clients during all stages of their criminal cases. This includes:
- Explaining the charges and potential penalties
- Filing a bond motion
- Reviewing discovery and collecting evidence
- Communicating with the prosecutor
- Negotiating for dismissal, reduction of charges, or a favorable plea
- Raising important issues during pretrial motions
- Speaking on behalf of our clients
- Going to trial
You should not waste time if you are facing vehicular manslaughter charges. Call our office today to begin working with a Montgomery County vehicular manslaughter attorney.
Overview of Vehicular Manslaughter
Vehicular manslaughter is a serious felony. A person commits vehicular manslaughter if they:
- Cause the death of another by
- Driving, operating, or controlling a motor vehicle
- In a grossly negligent manner
This means that there are three different elements to the crime. The prosecutor must prove each element beyond a reasonable doubt.
Causing Death
The first element is causing the death of another. The car accident needs to have caused another person to die. This could be another driver, a bicyclist, or even a pedestrian on the road. It could also include a passenger in the car.
In many cases, this is easy to prove, especially if there is a bad accident. However, sometimes it can be hard, especially if the other driver contributed to the accident. For example, if they were driving aggressively or negligently, as well.
Driving, Operating, or Controlling a Motor Vehicle
The second element is driving, operating, or controlling a motor vehicle. This may seem straightforward, but it can become an issue in some cases.
Essentially, the defendant needs to have been in actual control of the car. That can include the ability to steer, brake, or otherwise exercise control over the vehicle. It may even encompass situations where the car isn’t running, though this is less common in vehicular manslaughter cases.
Gross Negligence
The gross negligence element is the most difficult to prove. Gross negligence is an intent element. It is a more severe form of negligence that becomes criminal.
Gross negligence means an intentional or reckless failure or a thoughtless disregard for consequences. Usually, the defendant needed to act with actual intent to cause harm, or their behavior showed they were completely indifferent to causing harm.
Some examples of gross negligence could be drunk driving, drag racing, or excessive speeding.
What Are the Penalties for Vehicular Manslaughter in Montgomery County, Maryland?
Vehicular manslaughter is a felony. It carries up to 10 years in prison and a fine of up to $5,000. A judge will consider several factors when deciding whether or not to order a prison sentence, and if so, how long. Some of these may include:
- Your prior criminal record, or lack thereof
- The facts of the case
- Your driving record
- The type of accident
- The number of victims in the case (including those who were injured but not killed)
Generally, people with no prior criminal record will receive a lighter sentence than those who have a history of reckless driving behavior or committing crimes. However, even a first-time offender can get a significant prison sentence if the case is particularly offensive.
Collateral Consequences
In addition to prison time and a fine, there are many collateral consequences of a vehicular manslaughter conviction. For example:
- Loss of driver’s license or significant suspension
- Permanent criminal record
- Difficulty finding employment
- Difficulty finding housing
- Ineligibility for certain public benefits
- Loss of the right to vote
- Loss of the right to own a firearm
- Social stigma and isolation
- Immigration consequences
Many people are shocked at how difficult their lives become after being convicted of a felony. Some experience the consequences long after leaving prison and potentially for the rest of their lives. It is important to discuss these potential consequences with your attorney so that you are prepared if you are convicted.
What Defenses Can Be Raised if I Am Accused of Vehicular Manslaughter in Montgomery County, Maryland?
It can be difficult to defend yourself against vehicular manslaughter charges. These cases are emotionally charged because there was a death. It may be difficult to combat biases and the jurors’ desire to “get justice.” However, it doesn’t mean all hope is lost. There are many viable defenses that you can raise to avoid criminal convictions for vehicular manslaughter.
To identify the strongest defense, you should seek help from a criminal defense lawyer. Sometimes, a defense is obvious, but other times, it may be difficult to see. Attorneys are often trained to see a defense even when the client may think there is no hope.
No Gross Negligence
As discussed earlier, the prosecution must prove that the defendant engaged in gross negligence and that caused the death. However, in many vehicular manslaughter cases, the defendant’s actions don’t rise to this level.
If you can show that you acted with criminal negligence, which is less than gross negligence, then you could be convicted of the less serious crime of criminally negligent manslaughter by vehicle. This is a misdemeanor that carries up to 3 years in prison. Furthermore, if you can show that you were not negligent and the crash was a pure accident, then you won’t face any criminal liability.
Procedural and Constitutional Defenses
Your attorney may also identify a procedural or constitutional defense to the charges. These defenses are less about whether or not you committed the crime and more about a violation of rights.
The police and prosecutors need to follow certain rules and procedures when investigating a case and charging someone with a crime. These rules protect the defendant’s constitutional rights and due process. If they break the rules, then there could be a favorable remedy, such as excluding valuable evidence against you or complete dismissal.
Defense attorneys will raise these defenses during pretrial motions. Pretrial motions happen in the weeks and months before a trial. A judge will make a ruling on a specific issue during the pretrial motion based on the evidence heard. Pretrial motions are also an opportunity for the defense to hear how a particular witness, such as a police officer, will testify.
Failure to Meet Burden of Proof
Another defense that applies in all criminal cases is insufficient evidence or a failure to meet the burden of proof. Prosecutors must prove the case against you beyond a reasonable doubt. This is the heaviest burden of proof in all of law. It means that no reasonable person doubts whether or not the defendant committed the crime.
If your case goes to trial in front of a jury, the jurors must unanimously agree on the verdict. If even one juror finds that the prosecutor didn’t reach the burden of proof, then you cannot be convicted of the crime.
During closing arguments, your lawyer will argue that the prosecutor failed to meet their burden of proof. It could be that there was particularly weak evidence on one or all of the elements of the crime. If they persuade the jury, you cannot be convicted of the crime.
Contact Our Montgomery County Vehicular Manslaughter Lawyers for a Free Consultation
Any criminal case that involves a death is taken very seriously in Montgomery County, MD. You should expect that the prosecutors will use all of their resources to try and convict you. The best way to defend yourself is to talk with a Montgomery County vehicular manslaughter lawyer immediately.
Call Alpert Schreyer Criminal Defense Attorneys to schedule a free consultation. This is an opportunity to learn more about the charges, your rights, and our law office. Don’t waste time, and let the prosecutors get a head start on your case.