Georgia Vehicular Homicide and Vehicular Assault Attorney

By: Veteran Atlanta Homicide by Vehicle Attorney William C. Head of Atlanta, Georgia

In Georgia vehicular homicide cases, the crime of unintentionally causing death by way of operating or being in actual physical control of a motor vehicle in violation of a Georgia Code section is usually charged as a crime. Georgia law has several names for this offense. They include "vehicular homicide," "vehicle homicide," and "homicide by vehicle." The criminal charge is typically brought by a state of Georgia prosecutor. The District Attorney handles felonies. The Solicitor-General handles misdemeanors. The statute governing vehicular homicide contains both misdemeanor and felony provisions.

Was the GA Traffic Violation "a Serious Misdemeanor" or "a Simple Misdemeanor"?

Whether the criminal charge will be a felony or misdemeanor depends on the underlying traffic offense supporting the conviction. Often, the prosecutor only alleges first-degree vehicular homicide, which is a felony. A criminal defense attorney representing the accused will try to intercede. The goal is to have the prosecutor charge the crime as a misdemeanor instead.

At trial, the criminal defense attorney will offer the trial court jury instructions. These instructions allow the jury to find guilt for a "lesser included" offense. That offense is second-degree homicide by vehicle. It is based on a misdemeanor traffic offense. However, this is not one of the five serious traffic misdemeanors that support indictments for 1st-degree vehicular homicide.

A high percentage of felony homicide by vehicle Georgia cases involves driving under the influence. Therefore, DUI attorneys are sought out to defend drivers who face felony prosecution. The DUI specialist has as good or better chance of winning vehicular homicide cases than other criminal law practitioners. There are three reasons for this advantage.

First, DUI lawyers have more criminal trial experience. DUI is the most litigated misdemeanor crime in America.

Second, drunk driving lawyers know how to fight these complex criminal cases. They have deep knowledge of how to beat a DUI. One strategy is to have blood test results excluded. The grounds are a violation of Georgia implied consent law. Another strategy is a 4th Amendment or State of Georgia Constitution search and seizure issue. These tactics improve the chances for a DUI attorney to win the underlying felony case. They also help the attorney negotiate favorably.

Third, lawyers with DUI experience have traffic ticket defense courtroom experience. They fight hit and run charges. They fight charges for attempting to elude an officer. They fight reckless driving charges in Georgia. This prior court experience translates into a strategic advantage. Criminal defense attorneys who specialize in DUI defense gain an edge.

All Vehicular Homicide Georgia Offenses Are an Unintentional Causing of Death

The operative word here is "unintentional." This word distinguishes felony first-degree vehicular homicide offenses in Georgia from murder. In reality, the current Georgia punishment scheme for 1st-degree vehicle homicide is comparable to prison time for murder. That is why vehicular homicide cases justify retaining an experienced criminal defense attorney in Atlanta. These are life-changing cases.

Once family members learn the penalty for vehicular homicide in GA, they search hard. Their goal is to locate a criminal law advocate who can "make a difference" in the 1st-degree vehicular homicide Georgia case.

The difference between vehicular homicide and murder is intent. The State must prove intent to kill when murder is accused. The instrument of death is a motor vehicle. Murder is a premeditated homicide. Vehicular homicide in Georgia is the causing of death of another person by some act of driving negligence. It can also be by way of committing a serious misdemeanor traffic violation.

Like all criminal acts in GA, homicide by vehicle crimes are defined in Georgia statutes. The Georgia General Assembly wrote these statutes. They decide which underlying traffic charges are misdemeanor vs felony. They decide what the maximum punishment for such crimes will be in Georgia.

Vehicular Assault Charges in Georgia: When the Victim Survives

Not every catastrophic wreck ends in a death. When a driver seriously injures another person instead of killing them, most of the country calls that crime vehicular assault. Georgia uses a different label. Our legislature names this offense serious injury by vehicle. The vehicular assault attorneys who handle these cases in Georgia are defending that statute. A Georgia charging document will not use the words "vehicular assault."

Georgia law does not treat every injury as serious. The statute requires bodily harm that deprives a person of a member of the body. It can render a member of the body useless. It can seriously disfigure the body or a part of it. It can cause organic brain damage. Bruises, short-term pain, and injuries that heal completely may fall short of that standard. The circumstances of the crash matter.

Medical proof decides the question.

The trigger offenses are the same ones that elevate a fatality case. A serious injury by vehicle charge rests on DUI, reckless driving, fleeing or attempting to elude an officer, hit and run, or passing a stopped school bus that is loading or unloading children. Take away that predicate offense and the felony may not stand.

Serious injury by vehicle is a felony in Georgia. The statute states punishment as a range of years in prison. Real exposure depends on the predicate offense and the proof the State can put before a jury. No lawyer can tell you where a case will land inside that range before the evidence is reviewed.

Many clients search for "vehicular assault" because that is the term used in their home state or in the news coverage of their own wreck. Out-of-state families looking for a Georgia lawyer do the same thing. The indictment they eventually read will say serious injury by vehicle instead.

If No Serious Traffic Violation is Involved, It Is Second Degree Vehicular Homicide

All other traffic citations that are issued as the proximate cause of death are called "second-degree vehicular homicide." This has misdemeanor punishment of no more than 12 months in the county jail. Your Atlanta criminal defense attorney can sometimes help by getting involved early. The goal is to "steer" the path of the prosecution. You want to limit the criminal charges to homicide by vehicle in the second degree. If that effort is not successful, the criminal defense lawyer can start seeking the cooperation of the decedent's family members. They can find a tailored solution for each Georgia vehicular homicide case.

Other States Have Other Names for Vehicular Homicide (Homicide by Vehicle)

In other states, more than one type of statute exists. These statutes have elements of unintentionally causing death while operating a motor vehicle. Also, each state sets forth its own list of underlying serious traffic violations. Some trigger a felony offense. Others trigger a misdemeanor "lesser offense."

The prosecutor must prove certain elements at trial. That determines what charges will be brought. The following is a list of the many related names of serious felony motor vehicle fatality offenses. Each one involves a death – a homicide – caused by some criminal driving act.

These various titles or names for vehicle homicides are used across the United States for their felony vehicular homicide crimes. (NOTE: State names and corresponding abbreviations are shown at the bottom of this page.)

reckless homicide (IL, OH, KY, SC, WI, IN, ME, TN, AL)
manslaughter by vehicle (MD, ME, CA, FL, PA, AR)
vehicular manslaughter (CA, ID, NY, NV, AZ)
DUI manslaughter (FL, MS, CA, MS)
vehicular homicide or homicide by vehicle (GA, FL, KA, CO, AL, NM, OH, WA, MA, NJ, TN, LA, SD, NY, NM, PA, DE, IA, MA, UT, WY, MN)
aggravated vehicular homicide (OH, KA, NY, WY, TN)
intoxication manslaughter (TX)
manslaughter or involuntary manslaughter or reckless manslaughter (NC, OR, FL, MI, PA, ME, VA, MA, ME, KA, IA, HI, MS, MD, OK, VT, NY, CO, KY, AK, NJ, SC, MT, WV, TX, NH)
manslaughter by motor vehicle (MD, FL, CA, DE, MA, MO, IL, CT)
negligent homicide or criminally negligent homicide (TN, WV, NH)
operating under the influence of intoxicants, death resulting (RI)
gross vehicular homicide (CA)
murder (AL, CA, NC)
wanton murder (KY)

The same naming problem runs through the injury cases. What one state calls vehicular assault, another calls aggravated vehicular assault, vehicular battery, or assault by auto. Georgia charges all of that conduct as serious injury by vehicle. That gap creates a real problem. Out-of-state families searching for vehicular assault attorneys often cannot find the right Georgia practice page. A parent reading a Georgia arrest warrant may not recognize the offense named in it.

Predicate Driving Offense Determines Felony or Misdemeanor Homicide

The many different titles of similar crimes to vehicular homicide in Georgia show a pattern. Other states' legislatures put both a "title" or description of the crime and a list of serious driving offenses. These offenses trigger a felony versus misdemeanor crime in those respective states.

Most states have these well-known serious driving offenses as "predicate offenses." They enhance vehicular homicide to a felony. They include driving under the influence. They include reckless driving. They include hit and run – leaving the scene of an accident with an occupied vehicle or pedestrian. They include eluding or attempting to elude a law enforcement officer.

Many states add other inherent dangerous traffic violations. These include aggressive driving. They include racing. They include passing a school bus with its stop "warning" equipment activated. The bus must be discharging or loading children. They include speeding by 20 miles per hour over the posted limit. They include similar other driving behaviors. These behaviors would put others at risk of suffering great bodily harm or death.

A few states base a felony on the repeat offender status of the at-fault driver. The driver might already be declared a habitual violator.

Whether a vehicle homicide is classified as a felony or misdemeanor depends on one thing. It depends on the underlying traffic offense. That offense must be proven. It must be the causal connection. It must connect to the death or serious bodily injury of another. The accused "at fault" motorist caused the death or injury.

This article will highlight the importance of hiring an experienced criminal defense attorney. That attorney should also be a DUI lawyer. That attorney should be experienced in homicide cases. Georgia cases require this combination.

If a person commits a minor motor vehicle offense, things can change fast. A traffic offense is one thing. But if it unintentionally causes the death of another person, the stakes rise dramatically. The victim might be a pedestrian. It might be an occupant of the driver's vehicle. It might be a person in another vehicle. This becomes a misdemeanor criminal offense. But only so long as it is not one of the listed five serious driving acts. These five acts are covered by the felony homicide by vehicle law.

These five serious predicate offenses support first-degree motor vehicle homicide. They are DUI. They are hit and run. They are attempting to elude a law enforcement officer. They are passing a stopped school bus discharging its passengers. They are reckless driving.

The toughest sentencing is generally found in DUI vehicular homicide GA cases. The reason is the driver's choice. The driver chose to drive drunk or on drugs.

That identical predicate list governs the injury cases. Georgia applies the same five serious driving offenses to a serious injury by vehicle charge. A driver arrested after an injury-only crash faces the same analysis as a driver arrested after a fatal one. If the State cannot prove the predicate offense, the felony may fall away. What remains could be a misdemeanor traffic charge instead.

One collision can also produce several counts. Georgia permits a separate count for each person killed or seriously hurt. A single crash with one death and two badly injured passengers may support one vehicular homicide count plus two serious injury by vehicle counts. These counts go in the same indictment. That structure changes sentencing exposure dramatically. A judge may run some sentences back to back. The circumstances of the crash determine this.

Speak With a Georgia Vehicular Homicide and Vehicular Assault Attorney

Whether the crash took a life or left someone seriously injured, the charge is a felony. Your freedom is on the line either way. William C. Head, PC defends both. Mr. Head has practiced criminal defense in Georgia for over 41 years. He has handled more than 125 vehicular homicide and serious injury by vehicle cases. Past results do not guarantee a similar outcome. Every case depends on its own facts.

Cory Yager worked as a police accident investigator before he returned to law school. He reads the State's crash file the way the people who wrote it do. Larry Kohn has handled multiple, highly difficult cases where children died in the crash.

We make no promises about results. What we do is concrete. We investigate the scene independently. We challenge the State's proof of causation. We attack the underlying DUI or reckless driving allegation. We work to negotiate the charge level down where the facts support it.

Time works against you here. Skid evidence washes away. Damaged vehicles get repaired or scrapped. Event data recorders get overwritten. Witness memory fades within weeks. The consultation is free. We answer calls on weekends and holidays. An arrest is an emergency for the whole family. Call William C. Head, PC to talk through the specific facts of your case with a lawyer.

How Vehicular Assault and Vehicular Homicide Cases Are Defended Differently

Both charges travel the same road at first. A Georgia superior court handles the felony. The district attorney takes the case to a grand jury. An indictment follows. Arraignment comes next. Discovery then opens up the crash reconstruction file. It opens the toxicology results. It opens the downloaded vehicle data. The metro Atlanta superior courts move these cases on tight calendars. Early defense work matters.

Causation is the first fight. The State must prove that the driver's traffic violation was the proximate cause. Was it the cause of the death or the injury? Real crashes often have several causes. Another driver may be involved. A road defect might exist. A mechanical failure may have occurred. Poor sight lines can play a role. The conduct of the person who was hurt can matter. Depending on the facts, that link may not hold up.

The reconstruction deserves a second look. The Georgia State Patrol's Specialized Collision Reconstruction Team maps scenes. They measure crush damage. They download event data recorders. They build speed and impact estimates. Those methods rest on assumptions. Assumptions about tire friction matter. Assumptions about vehicle weight matter. Assumptions about timing matter. An independent expert may run the same numbers. The independent expert can reach a different answer. Cory Yager investigated crashes for a police agency before law school. That background shapes how our firm reads the State's file.

The predicate offense is often the weakest link in the chain. If a DUI blood draw violated Georgia implied consent law, the felony may collapse. If the reckless driving allegation rests on thin proof, the felony may collapse to a misdemeanor. It may collapse to nothing at all. That angle applies to both charge types.

Survivor cases add a layer that fatality cases never have. The injured person's medical records, treating physicians, and rehabilitation history become central evidence. The State must prove the exact level of harm the statute requires. Pre-existing conditions matter. Delayed treatment matters. A strong recovery matters. In some cases, an independent medical review shows the injury does not meet the statutory definition at all. That is why vehicular assault defense calls for a different investigative approach than a fatality case.

Charge negotiation before indictment is also worth pursuing. In some cases a prosecutor will accept a lesser count. The causation proof is weak. Talk with a lawyer about your own facts before you make any decision.

Frequently Asked Questions

What is the difference between vehicular assault and vehicular homicide in Georgia?

The difference is whether the victim survived. Georgia charges vehicular homicide when a person dies. When the victim lives but suffers serious harm, the charge is serious injury by vehicle. Most other states call that vehicular assault.

Is serious injury by vehicle a felony in Georgia?

Yes. Serious injury by vehicle is a felony offense. The statute states punishment as a range of years in prison. Actual exposure depends on the predicate driving offense and the circumstances of the crash.

What counts as a serious injury under Georgia's vehicular assault law?

The statute requires harm that deprives a person of a member of the body. It can render a member of the body useless. It can seriously disfigure the body. It can cause organic brain damage. Injuries that heal fully may not meet that standard.

Can a vehicular assault charge be reduced to a misdemeanor in Georgia?

It may be, depending on the facts. The felony rests on proof of a serious predicate offense. An example is DUI or reckless driving. If that proof fails, what remains could be a misdemeanor traffic charge instead.

Do I need a lawyer if the vehicular assault victim was a passenger in my own car?

Yes. The statute does not care whether the injured person was your passenger, your friend, or your family member. Prosecutors in Georgia file these charges even when the injured person asks them not to.