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Felony Death by Motor Vehicle in North Carolina

If you or a loved one is facing charges for felony death by motor vehicle in North Carolina, it is crucial to understand the nature of the charge, the potential penalties, and the legal defenses available. At Garrett, Walker, Aycoth & Olson, Attorneys at Law, we specialize in providing expert legal representation for serious criminal charges, including felony death by motor vehicle cases.

What is Felony Death by Motor Vehicle in North Carolina?

Under North Carolina law, felony death by motor vehicle occurs when a person unintentionally causes the death of another while committing a felony traffic offense, such as driving while impaired (DWI). The key elements of this charge include:

  1. Impairment: The accused was under the influence of alcohol or drugs.
  2. Causation: The impaired driving directly led to the fatal accident.

Felony death by motor vehicle is distinct from misdemeanor death by motor vehicle, which involves a non-impaired traffic violation resulting in a fatality.

Penalties for Felony Death by Motor Vehicle

A conviction for felony death by motor vehicle in North Carolina is a Class D felony. The penalties can include:

  • Prison Sentence: 38 to 160 months in prison, depending on prior convictions and other aggravating factors.
  • Fines: Substantial fines as determined by the court.
  • License Revocation: Mandatory revocation of driving privileges.

In cases involving multiple aggravating factors, the sentencing can be more severe. Additionally, individuals convicted of felony death by motor vehicle may face civil lawsuits from the victim’s family.

Felony Death by Motor Vehicle Statute in North Carolina

In North Carolina, felony death by motor vehicle is governed by N.C. General Statute § 20-141.4. This statute defines the crime and outlines the legal requirements for a conviction. Felony death by motor vehicle occurs when a person unintentionally causes the death of another while committing a violation of impaired driving laws under N.C.G.S. § 20-138.1. The statute requires that the impaired driving offense be the proximate cause of the victim’s death.

Key elements of the statute include:

  1. Impaired Driving Offense: The individual must have been operating a motor vehicle while under the influence of an impairing substance (such as alcohol or drugs) or with a blood alcohol concentration (BAC) of 0.08% or higher.
  2. Proximate Cause: The impaired driving must be directly responsible for causing the death. If other factors were the sole cause, a felony death by motor vehicle charge may not apply.
  3. Criminal Classification: Felony death by motor vehicle is classified as a Class D felony in North Carolina. This classification carries severe penalties, including substantial prison time and significant fines.
  4. Aggravating and Mitigating Factors: Courts may consider factors such as prior impaired driving convictions, reckless driving behavior, or cooperation with law enforcement when determining penalties.

If you or a loved one has been charged with felony death by motor vehicle, it is essential to consult an experienced criminal defense attorney. Garrett, Walker, Aycoth & Olson, Attorneys at Law, can provide the legal representation you need to navigate the complexities of this serious charge. Contact us today to discuss your case.

Defenses Against Felony Death by Motor Vehicle Charges

Our attorneys at Garrett, Walker, Aycoth & Olson are skilled in crafting strong defenses tailored to the specific circumstances of each case. Potential defenses include:

  1. Challenging Impairment Evidence: Questioning the accuracy of blood alcohol content (BAC) tests or the validity of field sobriety tests.
  2. Disputing Causation: Proving that other factors, such as the actions of another driver or hazardous road conditions, contributed to the accident.
  3. Procedural Errors: Identifying errors made during the investigation or arrest that may render evidence inadmissible.

Why Choose Garrett, Walker, Aycoth & Olson?

Our firm has a proven track record of successfully defending clients against serious criminal charges. We provide:

  • Comprehensive Case Analysis: Thorough investigation of all evidence, including police reports, witness statements, and accident reconstruction.
  • Aggressive Defense Strategies: Tailored legal strategies designed to minimize penalties or achieve case dismissal.
  • Personalized Support: Compassionate guidance through every step of the legal process.

Frequently Asked Questions About Felony Death by Motor Vehicle

1. Can felony death by motor vehicle charges be reduced?

In some cases, charges may be reduced to lesser offenses if the evidence does not support the elements of felony death by motor vehicle. A skilled attorney can negotiate with prosecutors to seek a more favorable outcome.

2. What should I do if I’ve been charged with felony death by motor vehicle?

Contact an experienced criminal defense attorney immediately. Avoid discussing your case with anyone other than your attorney and follow their guidance closely.

3. Can I still drive after being charged with felony death by motor vehicle?

Your driver’s license may be revoked pending the outcome of your case. Our attorneys can assist you in seeking limited driving privileges when possible.

Related Charges

  • Misdemeanor Death by Motor Vehicle
  • Involuntary Manslaughter
  • Vehicular Homicide

Learn more about these charges on our Misdemeanor Death by Motor Vehicle and Vehicular Homicide pages.

Contact Garrett, Walker, Aycoth & Olson Today

If you are facing felony death by motor vehicle charges in North Carolina, the stakes are high. You need experienced legal representation to protect your rights and your future. Contact Garrett, Walker, Aycoth & Olson, Attorneys at Law, for a free consultation. Our team is ready to fight for you.

Call Now or Schedule a Consultation Online.

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