Vehicular Homicide
Kansas • Missouri
Vehicular Homicide and Involuntary Manslaughter Defense
Protect Your Rights: Call 866-457-7549 today.
If you or a family member has been charged with causing a death through reckless behavior behind the wheel of a car, you need the best legal representation available. I am Paul Cramm, an Olathe, Kansas criminal defense lawyer with experience in defending vehicular death and involuntary manslaughter cases.
When a person dies in an auto-related accident, the victim’s family and the community may apply pressure for “justice.” The police and prosecutors are also eager to pin the blame. You need an attorney who will protect your rights and ensure that you are treated fairly by the system. Contact Paul D. Cramm, Chtd. to arrange a free initial consultation.
Serious Charges Require Serious Representation
As a vehicular homicide defense attorney, I will review your case and the facts against you. My vigorous defense includes an investigation into the arrest and the circumstances of the fatal accident. You will get my honest assessment of the facts of your case – both favorable and damaging. We can then discuss strategies for challenging the evidence to dismiss the charges, or seeking an agreement with the prosecutors to plead guilty to lesser charges or reduce the penalties.
- Criminal vehicular homicide is a Class A misdemeanor in Kansas, punishable by up to 12 months in jail. Vehicular homicide is the unintentional killing of another that results from the operation of a motor vehicle “in a manner which creates an unreasonable risk of injury” and constitutes a “material deviation from the standard of care which a reasonable person would observe under the same circumstances.” The victim might be an occupant of the other car, a passenger in your car, or a pedestrian.
- Involuntary manslaughter is a Level 5 felony charge in Kansas - or a more serious Level 4 felony charge if drugs or alcohol were involved, see below - carrying a minimum of 31 months in prison (2 ½ years) up to a sentence of 136 months (11 years). This charge requires a showing by the prosecution of reckless disregard for the safety of others. This charge will always apply where the responsible driver is under the influence of drugs or alcohol.
The more serious felony charges do not result from simple negligence (such as inattentive driving) that leads to a death. In order to proceed with felony charges, the prosecution must show that there was reckless conduct – the driver had reason to know the behavior was dangerous or appreciated the danger and proceeded anyway. Examples include drag racing, “road rage” confrontations, intentionally running a traffic signal, or driving while under the influence of alcohol.
DUI-Related Deaths
If the driver is found to have been driving under the influence of drugs or alcohol at the time of the accident, the charge is a Level 4 felony offense in Kansas and there is a presumptive prison sentence. In cases of involuntary manslaughter, if we can defeat the DUI portion of the case, the vehicular death may be dropped to a Level 5 offense, in which case there is some opportunity for probation in lieu of jail time. Thus it is critical to challenge all allegations of chemical influence in such cases. It may be that the best outcome in your case will require persuasive expert testimony from a toxicologist, pharmacologist, or pathologist.
Contact an involuntary manslaughter attorney who will defend you vigorously against the criminal charges in an auto-related death in Kansas or Missouri. I offer a free consultation to discuss your case and your options.