When you are faced with the challenges of aggravated vehicular homicide, having a highly experienced attorney to help you is critical. Under Section 2903.06, this law makes it clear that those who are operating a vehicle that causes the death of another person will face serious consequences, especially if they are operating recklessly and negligently. Having a skilled attorney is critical to your future.
- Overview of Domestic Assault and Battery in Ohio:
- Why Choose Us When Facing Aggravated Vehicular Homicide Defense
- What is Aggravated Vehicular Homicide in Cincinnati, Ohio
- Possible Defense Options in Aggravated Vehicular Homicide
- Understanding the Importance of Legal Defense
Defense Attorney for Aggravated Vehicular Homicide in Cincinnati
Why Choose Us When Facing Aggravated Vehicular Homicide Defense – Section 2903.06
Our attorneys offer a wide range of legal expertise to support you in developing a strong defense against aggravated vehicular homicide. Consider why you need our team by your side:
- Experience. With decades of experience, our attorneys have helped many people facing the same types of risks and consequences. We know how to apply that experience to support the best possible outcome in your case.
- Exceptional support. We know how challenging this situation is and all that is on the line. We will work very closely with you throughout this process. Expect good communication, respect, and outstanding support.
- Proven results. Talk to us about cases like your own that we have handled. Learn how we used legal strategy to help our clients and what results our clients saw.
You need a legal defense you can believe in. That is why you need a trusted attorney.
What is Aggravated Vehicular Homicide in Cincinnati, Ohio
Aggravated vehicular homicide is one of the most serious traffic-related criminal offenses in Cincinnati, Ohio. It involves causing the death of another person as a result of operating a vehicle in a reckless or impaired manner. Under Ohio Revised Code §2903.06, a person can be charged with aggravated vehicular homicide if the death was caused while operating a motor vehicle under the influence of alcohol or drugs (OVI), while driving recklessly, or while driving under suspension in violation of other specific traffic laws.
There are several scenarios where this charge may apply. The most common involves operating a vehicle while impaired (OVI), in which the driver has a prohibited concentration of alcohol or controlled substances in their system at the time of the crash. The law also applies when a person causes a fatal crash while driving recklessly, defined as a willful disregard for the safety of others, or while driving without a valid license due to a prior suspension or disqualification.
Aggravated vehicular homicide is considered a strict liability offense in Ohio when it involves OVI. This means the prosecution does not have to prove intent to kill, only that the person was operating a vehicle under prohibited circumstances and caused a death as a result.
Possible Defense Options in Aggravated Vehicular Homicide
Once you meet with our attorney, we will discuss the specific steps available to help you. Creating a legal defense strategy here may involve the following:
- Determine if any evidence gathering was done in a legal manner or if it was obtained in a way that makes it inadmissible to court.
- Proving that you did not knowingly commit this crime due to intoxication due to medications.
- Determine how the police may have violated your rights.
Another defense strategy may involve disputing causation. The law requires that the driver’s conduct directly caused the fatality. If other contributing factors were responsible for the death, such as another vehicle’s actions, road conditions, or a medical event, the defense may argue the driver was not the legal cause of the fatality.
In cases involving reckless operation, the defense may argue that the driver’s behavior did not rise to the level of recklessness as defined by law. This can include highlighting lack of prior violations, absence of excessive speeding, or efforts to avoid the collision.
There may also be defenses based on constitutional violations, such as unlawful stops, searches, or interrogations, which could lead to evidence being suppressed and charges being weakened or dropped.
Our goal is to help you to create reasonable doubt in the mind of the jury. By looking at the evidence in your case, we will create a legal defense strategy that works to minimize your risks moving forward. Every case is very different. Our attorneys are ready to help you to prove what your legal options are.
Understanding the Importance of Legal Defense
When it comes to charges like this, the consequences are often severe and may include:
- Jail time
- Fines of thousands of dollars
- Suspended license for an indefinite amount of time
- Prior convictions could length or extensive these risks
The penalties for aggravated vehicular homicide in Ohio depend on the specific circumstances of the case, including the driver’s prior criminal and driving history, and whether alcohol or drugs were involved.
If the offense involves OVI and results in a death, it is classified as a second-degree felony, punishable by a mandatory prison term of 2 to 8 years, a lifetime driver’s license suspension, and hefty fines. A longer sentence may be imposed if the driver has prior OVI convictions or multiple victims are involved.
If the charge is based on reckless driving, and not impairment, the offense is typically a third-degree felony, with a potential prison term of 1 to 5 years, as well as a mandatory license suspension for 3 years to life.
If the driver was under license suspension or disqualification, the offense may also be elevated in severity.
Judges in Ohio have limited discretion to grant probation in aggravated vehicular homicide cases involving OVI, especially when the law imposes mandatory prison time. This reflects the state’s emphasis on protecting the public from repeat impaired drivers and those who engage in high-risk driving behavior.
Because there are risks, including years of potential time in jail, it is critical to have an attorney who can help you minimize any conviction risks. While this is not always possible, it may be possible for you to get your charges pleaded out or, in some cases, reduced.
Call a Criminal Defense Attorney Now
Contact an aggravated vehicular homicide defense attorney from The Wieczorek Law Firm to discuss your case to determine the most beneficial legal strategy for moving your case forward. You need the reliability of an attorney with experience in aggravated vehicular homicide defense, and that means choosing one with the time to dedicate to defending you.
