In Nevada, being charged with Vehicular Manslaughter is a Misdemeanor criminal offense. While it is a Misdemeanor, this is a serious criminal charge that can carry jail time if convicted. A Defendant can be charged with Vehicular Manslaughter if the prosecution believes that he or she was driving, or in actual physical control of the vehicle, which proximately caused the death of another person through an act or omission that constitutes simple negligence. This is when a person causes an accident which results in death. This is opposed to behaving or acting recklessly or intentionally killing someone with a car.
“Negligence” in Nevada means that the Defendant did not act in the way a reasonable person would act, if placed in the same situation. Typically when a person is charged with Vehicular Manslaughter it means that they were not being attentive to driving and, for example, were texting while driving, did not have their headlights on while driving at night, ran a red light, or did not stop at a stop sign.
If convicted of Vehicular Manslaughter, the Defendant faces up to six (6) months in jail, up to $1,000 in fines, court costs and would have their driver's license suspended for a full year by the Nevada Department of Motor Vehicles. Under Nevada law, if the accident happened in a construction zone, it may be possible that the punishment will double.
If charged with Vehicular Manslaughter it may be possible to defend against the charges and have the charge reduced, or dismissed, sometimes after following conditions set by the Court. While Vehicular Manslaughter is a misdemeanor offense, it can still greatly affect a person's life, including their freedom. Josh Tomsheck has handled thousands of cases, ranging from misdemeanor DUI to Capital Murder. In nearly every case, it works in the Defendant's favor to hire an experienced attorney. Vehicular Manslaughter attorney Josh Tomsheck has over a decade of legal experience specializing in Criminal Law. Prior to opening the Las Vegas Criminal Defense firm of Hofland & Tomsheck, he worked as a Chief Deputy District Attorney and handled hundreds of homicide cases. This gives him the unique insight necessary to approach your individual case with a dual perspective. Contact him here for a free consultation.