Vehicular Homicide Laws in Pennsylvania
If you have been charged with Homicide by Vehicle, it is important to understand the laws and sentencing.
What the Law Says
The concerning statute is Title 75 Pa.C.S.A. Crimes and Offenses § 3732. The offense is defined as:.
Any person who recklessly or with gross negligence causes the death of another person while engaged in the violation of any law of this Commonwealth or municipal ordinance applying to the operation or use of a vehicle or to the regulation of traffic except section 3802 (relating to driving under influence of alcohol or controlled substance) is guilty of homicide by vehicle, a felony of the third degree, when the violation is the cause of death.
What does it mean?
Simply put, if you were involved in an accident and someone died because of your recklessness, you can be charge with a Homicide by Vehicle under Section 3732. This does not apply to DUI cases, as those are covered under Section 3735.
What are the penalties?
A conviction under Section 3732 carries the penalties of a felony of the third degree. This means that the judge can sentence you for up to 7 years in prison and fine you up to $15,000. There are possible sentence enhancement if the violation:
- occurred in a work zone
- was the result of texting
- was in relation to the approach of emergency vehicles
- was in an emergency response area
These sentence enhancements may result in an additional 5 year prison sentence. Additionally, your license will be suspended for three years.
There is Hope
A homicide by vehicle charge is not an automatic conviction. Even if you think the evidence is stacked against you, you are not automatically doomed. An experienced and knowledgeable attorney who tackles tough cases may be able to identify issues in your case that can be challenged. Citizens like you have trusted Attorney Mike Sherman and he has proven to be a life-saver for many. He is a different type of attorney. He’s the kind who is willing to fight for you.
What is the Mike Sherman Difference?
Mike Sherman has unique experience and knowledge which he uses to protect his clients.
- Mike Sherman is a former attorney for the Pennsylvania State Police. He knows both sides of the law and uses that knowledge to benefit his clients.
- Mike Sherman wrote “the” Pennsylvania textbook on Pennsylvania DUI law, Driving Under the Influence Law and Practice.
- He uses a scientific method to investigate your case. Relying on his deep understanding of forensic science, he picks apart the evidence against you and looks for errors that he can challenge. He then carefully prepares your case with the goal of highlighting these issues and putting you in the best possible position.
If you are facing a serious charge, don’t delay. Call now to set up your free consultation at412-471-5000