Q: How does a person commit Involuntary Manslaughter by vehicle in Ohio?
A: In Ohio, the crime of Involuntary Manslaughter is committed when one person causes the death of another person while committing (or attempting to commit) a misdemeanor offense or a felony offense. For charges of Involuntary Manslaughter involving a vehicle, the underlying offense is usually OVI (Operating a Vehicle under the Influence). The underlying offense cannot be a minor misdemeanor traffic violation, such as running a stop sign or a red light. The underlying offense could be Vehicular Homicide, but there is a possible double jeopardy defense if a person is charged with Involuntary Manslaughter based upon committing the offense of Vehicular Homicide.
Q: Is Involuntary Manslaughter by vehicle in Ohio a misdemeanor or a felony?
A: In Ohio, the charge of Involuntary Manslaughter is categorized as a felony. If the charge of Involuntary Manslaughter is based upon committing (or attempting to commit) a misdemeanor offense, then the charge of Involuntary Manslaughter is a third-degree felony. If the charge of Involuntary Manslaughter is based upon committing (or attempting to commit) a felony offense, then the charge of Involuntary Manslaughter is a first-degree felony.
Q: What are the possible sentences for Involuntary Manslaughter by Vehicle in Ohio?
A: If the underlying offense is a misdemeanor, Involuntary Manslaughter in Ohio is a third-degree felony. The possible sentence includes a prison term of nine months to 36 months, a fine of up to $10,000, restitution, and probation (community control) for up to five years. If the underlying offense is based upon operating a vehicle under the influence of alcohol or drugs, the sentence includes a lifetime driver’s license suspension.
If the underlying offense is a felony, Involuntary Manslaughter in Ohio is a first-degree felony. The possible sentence includes a prison term of three years to 11 years (with possible additional prison time and mandatory post-release control), a fine of up to $20,000, restitution, and probation (community control) for up to five years. If the underlying offense is based upon operating a vehicle under the influence of alcohol or drugs, the sentence includes a lifetime driver’s license suspension.
Q: What type of attorney represents clients for Involuntary Manslaughter by Vehicle in Ohio?
A: In Ohio, a person charged with Involuntary Manslaughter should be represented by a criminal defense attorney. If the case involves an allegation the driver operated a vehicle under the influence, the driver should be represented by a lawyer with expertise in topics related to impaired driving. That expertise should include a thorough understanding of the substantive and procedural law, a firm grasp of the science behind sobriety testing and alcohol/drug testing, and experience litigating these types of cases.
The Dominy Law Firm represents clients charged with Involuntary Manslaughter by vehicle in Franklin County, Ohio and other counties in central Ohio. Our lawyers have expertise in topics related to operating a vehicle under the influence. If you are facing a charge of Involuntary Manslaughter in central Ohio based on operating a vehicle under the influence, our firm can help. If you would like to schedule a free phone consultation to discuss representation, please call 614-717-1177 or submit a CONTACT FORM.