North Carolina Felony Death by Vehicle

In North Carolina, the crime that other states refer to as “vehicular manslaughter” is called “death by vehicle.” You can be charged with felony death by vehicle if you’re accused of unintentionally engaging in behavior that results in the death of someone else on the road.

Specifically, North Carolina law enforcement can charge you with felony death by vehicle charge if you were in violation of the state’s DWI laws at the time your accident occurred. This means that law enforcement must prove that you had a blood alcohol concentration (BAC) of 0.08% or above in a private vehicle, or 0.04% in a commercial vehicle.

Note that under North Carolina’s Safe Roads Act of 1983, DWIs, or driving while intoxicated charges, and DUIs, or driving under the influence charges, are considered to be the same thing. You can reference the aforementioned act for more information about the consequences of driving on the road while intoxicated in North Carolina.

You Can Face Misdemeanor Death by Vehicle Charges

There are circumstances in which you can face misdemeanor death by vehicle charges instead of felony charges. If you’re accused of driving recklessly, speeding, or texting at the wheel before an accident resulting in someone’s death, you should not face felony consequences for your alleged behavior.

When collaborating with a North Carolina felony death by vehicle attorney, you can discuss how to reduce felony charges to misdemeanors or even how to have the charges brought against you dropped altogether.

The consequences for felony death by vehicle fall under the umbrella of North Carolina’s Class D felonies. This means that unchallenged accusations can see you face up to 160 months in prison. A judge can then determine what fines you might face based on the damage you allegedly forced onto the injured party.

You may also face accusations of aggravated felony death by vehicle if you’ve previously been convicted of a DWI. In these cases, your possible prison time remains the same. That said, a judge may choose to exacerbate your fines based on the pre-existing convictions on your record.

The party that charges you with felony death by vehicle has a burden of proof to uphold if they want you to face criminal consequences for your alleged actions. This means that the prosecution must present proof of deadly negligence that indicates, beyond a reasonable doubt, that you are responsible for a person’s passing.

As your felony vehicular manslaughter attorneys, it’s our job to question the burden of proof presented by the prosecution and point out inconsistencies in their arguments. Moreover, we can challenge any claim’s adherence to the “beyond a reasonable doubt” requirement, as there may be explanations for a person’s passing that the prosecution fails to address.

You can discuss what arguments you believe best suit your case during a consultation with our team.

Felony vehicular manslaughter defense attorneys serve as your legal guides in the face of criminal accusations. Our team specifically intercedes on your behalf with law enforcement, ensuring that officers don’t take anything you say regarding someone else’s losses out of context. 

Beyond that, our team also defends you against felony charges and makes sure your side of the story comes out in court. We can meet with you shortly after you’ve been charged and discuss the circumstances that led to your case. From there, we can conduct our own investigation of the scene of your accident and account for any oversights in the defense’s story.

We strive to challenge the prosecution’s burden of proof with the facts of your case. In turn, we want you to be able to enjoy a future unimpeded by criminal consequences wrongly foisted onto you. The sooner you talk to us about your felony death by vehicle charges, the sooner we can fight to get your life back to normal.