Misdemeanor and Felony Death by Motor Vehicle

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Charged with misdemeanor or felony death by motor vehicle? NC imposes harsh penalties on offenders whose actions lead to the death of another.

Hiltzheimer North Carolina Misdemeanor and Felony Death-by-Motor-Vehicle Lawyer

If you’re accused of unintentionally causing another person’s death in a vehicle accident, the tragedy of the situation can be overwhelming. However, this criminal charge is one that can put your future at risk, and it’s essential that you seek legal counsel as soon as possible.

Whether you’ve been charged with felony or misdemeanor death by motor vehicle, the criminal lawyers at Hiltzheimer Law Office are on your side. We’re dedicated to defending those who seem to have the odds stacked against them, and our firm has the track record to prove it. Call us to talk to a North Carolina misdemeanor and felony death-by-motor lawyer today.

What Is Misdemeanor and Felony Death by Motor Vehicle NCGS § 20‑141.4 in North Carolina?

North Carolina law outlines the differences between misdemeanor and felony death by motor vehicle. NCGS § 20-141.4 explains the key elements of felony death by vehicle (a Class D felony) as follows:

A person unintentionally causes the death of another
At the time of the offense, the person was engaged in driving while impaired (DWI)
The impaired driving directly caused the death of the other person

The statute also outlines the elements of misdemeanor death by vehicle (a Class A1 misdemeanor):

A person unintentionally causes the death of another
When the offense happened, the person was violating a law or ordinance related to traffic or driving (other than DWI)
The violation of that law directly caused the death of the other person

Essentially, you can face criminal charges for felony death by vehicle if you cause someone’s death because of impaired driving. If you cause someone’s death by violating any other traffic law, you can be charged with misdemeanor death by vehicle.

Types of Death-by-Vehicle Charges

Misdemeanor and felony death by motor vehicle are the two broad categories of death by vehicle. However, when certain circumstances make the crime more severe, you can face related felony charges.

Aggravated Felony Death by Vehicle

You can be charged with aggravated felony death by vehicle if:

You accidentally cause another person’s death
You were engaged in impaired driving when you did so
Impaired driving directly caused the other person’s death
You have a previous conviction related to impaired driving that falls within seven years from the original date of the offense

Aggravated felony death by vehicle is a Class D felony. This is the same felony class as felony death by vehicle, but the courts generally hand down harsher sentences when the crime is aggravated.

Repeat Felony Death by Vehicle

You can be charged with an even more serious felony offense if you are convicted multiple times. You may face charges of repeat felony death by vehicle if you cause someone’s death while driving under the influence of alcohol or drugs and you have a previous conviction for felony death by vehicle or aggravated felony death by vehicle.

Penalties for Death by Vehicle in North Carolina

If you’re facing felony death-by-motor-vehicle NC charges, you might understandably be concerned about penalties. A felony death-by-vehicle North Carolina sentence will be more severe than one for a misdemeanor offense, but both can have far-reaching consequences.

Jail or Prison Time

If you are convicted of a felony, with only a few exceptions, you should be prepared for prison time. Misdemeanor death by vehicle NC jail time, on the other hand, may be replaced by probation, community service, or other community punishments.

Loss of Driving Privileges

If you cause the death of another human being by driving, it only makes sense that you would lose your driving privileges. If you are convicted of misdemeanor death by vehicle, the NC Department of Motor Vehicles (DMV) can revoke your license for a year, though you may be eligible for a limited driving privilege. However, if you are convicted of felony death by vehicle, your driver’s license will be permanently revoked. You may be eligible for a hearing for reinstatement of your license after a certain number of years.

Defense Strategies

Even a misdemeanor offense involving a death comes with substantial penalties. There’s a lot at stake, so your defense lawyer will need to create a strong, customized defense for you. Here are some potential arguments they may use:

Asserting that impaired driving was not the proximate cause of the death
Arguing that you were not impaired by drugs or alcohol
Arguing that your blood alcohol concentration was too low to affect your driving
Arguing that you weren’t operating the vehicle in a public area
Arguing that there isn’t sufficient evidence to convict you
Arguing that there was no underlying traffic violation
Disputing the validity of breathalyzer evidence or other evidence

While it’s up to your defense lawyer to create your legal defense, you can help your own case by exercising your right to remain silent. If you are arrested, politely decline to talk to the police and ask for legal representation right away.

The Legal Process for Death by Vehicle Charges

If you’re facing North Carolina death-by-vehicle charges, you might be worried about what to expect. If you are arrested and charged, your attorney will be able to explain the charges against you and your options.

A critical question in any death-by-vehicle case will be whether or not the case goes to trial. If you choose to avoid a trial, your defense attorney can work with the District Attorney to negotiate a plea agreement that limits the severity of the consequences. If the case goes to trial, your lawyer will attempt to introduce enough reasonable doubt to convince a judge or jury to acquit you.

North Carolina Sentencing Guidelines

The penalties for misdemeanor death by motor vehicle in NC and the different levels of felony death by vehicle include the following:

Misdemeanor Death by Vehicle

Misdemeanor death by motor vehicle is a Class A1 misdemeanor. That means the maximum penalty is 150 days in jail. The court also may impose fines within its discretion. In some cases, misdemeanor death by motor vehicle punishment might involve community service or probation instead of jail time if you are ultimately convicted of the crime. In some cases these terms can be negotiated by a skilled attorney in advance, so you know exactly what you’re facing.

Felony Death by Vehicle

Because this is a Class D felony, if you are found guilty, you can be sentenced to 30 to 204 months in prison. Your driver’s license will also be permanently revoked.

Aggravated Felony Death by Vehicle

For this crime, penalties are the same as they are for felony death by vehicle.

Repeat Felony Death by Vehicle

Because this offense involves causing multiple deaths, penalties are significantly more severe. Repeat felony death by vehicle is a Class B2 felony punishable by 94 to 393 months in prison and a permanent license revocation.

Other Vehicle Offenses Under NCGS 20-141.4

The portion of the North Carolina General Statute governing death by vehicle offenses also outlines related felony offenses under North Carolina law:

Felony Serious Injury by Vehicle

You can be charged with this crime if you seriously injure someone because of impaired driving. Felony serious injury by vehicle is a Class F felony.

Aggravated Felony Serious Injury by Vehicle

You can be charged with this criminal offense if you seriously injure someone because of impaired driving and you have one or more prior convictions involving impaired driving within seven years. This offense is a Class E felony.

Frequently Asked Questions

Yes. While having no prior record may impact the sentence that is imposed following a conviction, your record has no bearing on whether or not you will be charged in the first place – or whether you may face a conviction.

Drunk driving is the primary circumstance that makes a death-by-vehicle offense a felony. If you accidentally cause a death by driving impaired, you can be charged with felony death by motor vehicle. If you cause the death by violating any other traffic or vehicle-related law and there is no allegation of impairment by drugs or alcohol, you can be charged with misdemeanor death by vehicle.

Yes. In felony or misdemeanor death-by-vehicle cases, the family members of the deceased person will often file a wrongful death lawsuit. Often, these lawsuits are intended to cover funeral and burial costs, make up for the future income the deceased could have provided, cover medical bills the person incurred before death, and compensate family members for loss of companionship.