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Vehicular Homicide Attorney in Las Vegas

Vehicular Homicide Attorney in Las Vegas
Vehicular homicide cases in Clark County, Nevada

One type of Nevada DUI charge that combines both a person's prior DUI convictions and the instance of death as a result of driving while intoxicated is vehicular homicide. These cases are often complex and can vary widely based on the individual circumstances of each situation.

When a person is killed as a result of another person's action or actions, the penalties associated with the criminal charge could be severe. A vehicular homicide conviction in Nevada could mean prison time, expensive fines, and possible license restrictions. Facing these charges can be overwhelming, but having an experienced attorney can make a difference in your case. Proper legal representation is crucial for protecting your rights and ensuring you receive support during this difficult time.

If you were charged with vehicular homicide in Las Vegas or the surrounding areas in Clark County, contact an experienced criminal justice attorney at Gallo Criminal Defense Las Vegas. James C. Gallo is dedicated to helping his clients, no matter how difficult the charges may appear. With his law expertise and extensive trial advocacy experience, he works diligently to get favorable results for his clients.

Call (702) 385-3131 to schedule a free consultation to discuss your unique case. When your future is on the line, the assistance of an experienced and educated Las Vegas vehicular homicide attorney could be critical. Gallo Criminal Defense Las Vegas represents clients throughout Clark County, including those in Las Vegas, North Las Vegas, and Henderson.

Information About Vehicular Homicide

  • Nevada Definition of Vehicular Homicide
  • Establishing the Three Prior DUI Convictions
  • Penalties for Vehicular Homicide in Nevada
  • Possible Defenses to Vehicular Homicide Charges

Nevada Definition of Vehicular Homicide

Vehicular homicide is a particular charge. For a person to be charged with the offense, they must be considered under the influence of alcohol, drugs, or a combination of substances while driving or in actual physical control of a vehicle. This constitutes the DUI part of the offense. The court will evaluate the accident's circumstances to determine whether the driver was impaired. Achieving justice in such cases often requires a skilled firm that can advocate effectively for the defendant. Developing a solid strategy for the litigation process is essential to navigate the complexities of vehicular homicide charges. 

The person also must have three prior DUI convictions, which is a violation of NRS 484C.130. Additionally, the person must have caused the death of another while driving or in actual physical control of a vehicle, either on or off the highways in the state. All of these details must align for the charge to be considered vehicular homicide. If someone can demonstrate that the driver acted negligently, it may impact the prosecution's case. This crime carries severe penalties, and the potential sentence may be influenced by factors such as whether the driver was using a phone at the time of the accident. The name of the act and its stipulations are crucial in determining the case's outcome. 

Establishing the Three Prior DUI Convictions

The prosecutor must list the three prior convictions in the complaint, also known as the charging document. This is the exact requirement that exists for charging a third DUI or a DUI with a prior felony conviction. Any omission of prior convictions can significantly impact the case. For legal purposes, the prosecution must address specific questions regarding the circumstances of the case, including the evidence presented. There are different types of DUI offenses; having experienced lawyers can be critical. Their knowledge of DUI laws can help in cases where a driver's license has been suspended due to a prior drug conviction. Hiring a criminal defense lawyer who understands how a particular substance affects driving can be crucial for minimizing the loss of driving privileges or other penalties. Additionally, the nature of the charges can affect how the court treats others involved in the incident. 

Unlike a third offense DUI, where the two priors must have occurred within seven years of the first offense, the three priors used to charge a vehicular homicide do not have to have occurred within seven years. This means two decades could have passed since the last offense, and the driver could still face vehicular homicide charges.

Legal representation for vehicular homicide offenses in Las Vegas, Nevada.
Understanding vehicular homicide charges in Las Vegas, Nevada

Penalties for Vehicular Homicide in Nevada

Under NRS 484C.440, the penalty for vehicular homicide in Nevada is a Category A Felony. This is punishable by life imprisonment with the possibility of parole after ten years have been served or by a definite term of 10 to 25 years in prison. Additionally, a person could have their license suspended or revoked. These severe consequences can significantly affect the people involved, including the victim's family.

In Nevada, a defendant probably could not be charged with murder as a result of driving drunk unless it is alleged that the defendant intentionally killed the victim. This highlights the need for clear communication of the message regarding the potential harm caused by impaired driving. The law sets a minimum standard for prosecuting drivers, but other things, such as evidence of intent or reckless behavior, can elevate the charges. Legal advice from a qualified attorney is essential in this field to navigate the complexities of the law. Many services are available to help defendants understand the implications of their actions and the limits of their legal options. In a court order, the prosecution must prove that the actions of the defendant caused the victim's death. Drivers facing such serious crimes should seek representation to protect their rights. Each job done on behalf of the defendant can make a significant difference in the outcome of their case, influencing the content of their defense strategy and, ultimately, their success in court.

Possible Defenses to Vehicular Homicide Charges

With so much at stake, building a solid defense in a vehicular homicide charge case is essential. The driver and their legal counsel will need to prove they were not responsible for the death of the other person, whether it was another driver, a passenger, or a pedestrian.

In addition, factors such as marijuana use could come into play, impacting the defense strategy. The state must be able to prove the driver's actions directly caused the death of another. This sometimes could be a tricky part of the prosecution's case against a person. The defense could argue that some other factor contributed to the person's death or the actions of the victim. Examples of such factors might include the victim's negligent behavior or nothing related to the driver's actions.

If evidence suggests that the driver's behavior was not the primary cause of the incident, the defense can shed light on these aspects. Furthermore, the legal office handling the case may need to map out a strategy that addresses all concerns raised during the proceedings. Understanding the issue, including any potential transmission of information about the case, is vital for a robust defense. It is essential to include a disclaimer about the potential impacts of various factors on the outcome. Clear text messages or other communications may provide crucial access to evidence that can aid the defense.

In some instances, a Las Vegas homicide defense attorney could help a client have their charges reduced. In Nevada, vehicular homicide is sometimes reduced to felony reckless driving or vehicular manslaughter. This could mean less time behind bars and fewer fines. Contact an experienced DUI defense lawyer to learn more about your possible options.

Finding A Vehicular Homicide Defense Attorney in Clark County

If you have been charged with vehicular homicide in Las Vegas, criminal defense attorney James C. Gallo can examine the facts of your case and help you make the best decisions when defending your case. He understands the importance of the attorney-client relationship and strives to maintain professionalism that builds trust with his clients.

No matter the situation, Gallo Criminal Defense Las Vegas can help. Whether anyone is facing charges on either side of the case, Gallo and his team are ready to advocate for you every step of the way. In the event of a collision or crash, it is crucial to have an experienced attorney who can navigate the complexities of DUI and vehicular homicide charges, including BAC (blood alcohol content) considerations.

Call (702) 385-3131 to schedule a free consultation today. Gallo Criminal Defense Las Vegas fights for clients throughout Clark County and the surrounding areas of Las Vegas, North Las Vegas, and Henderson, NV. With a commitment to respect and attention to detail, the firm can provide effective representation in courts. Whether dealing with a misdemeanor or a severe DUI conviction, Gallo Criminal Defense Las Vegas works tirelessly to minimize sentences and secure the best possible outcomes for its clients.

Frequently Asked Questions

Can the family of the victim have an impact on the sentencing of vehicular homicide?
During sentencing, judges may consider impact statements from the victims' families; however, the court ultimately determines the sentence.
 
Are vehicular homicide cases consistently prosecuted?
Although the majority of cases are prosecuted, charges may be dismissed if the evidence is insufficient or the death was accidental, without negligence or recklessness.
 
Is it possible for vehicular homicide to impact my eligibility for automobile insurance?
A conviction will likely lead to significantly higher insurance premiums or difficulty obtaining coverage altogether.
 
If I am accused of vehicular homicide, what actions should I take?
Seek legal counsel immediately, refrain from making statements without an attorney, and adhere to all court procedures and conditions.
 
Is it possible for me to circumvent the mandatory prison sentence for vehicular homicide?
It is uncommon to circumvent prison time; however, plea agreements, probation, or alternative sentencing may be feasible for less severe offenses.
 
In vehicular homicide, how does irresponsible driving differ from negligence?
Negligence is the failure to act with reasonable care, whereas reckless driving involves a willful disregard for safety. Vehicular homicide allegations may result from either of the two.
 
Is it possible to appeal a vehicular homicide conviction?
Indeed, defendants have the right to appeal a conviction if there are grounds for doing so, including procedural issues, insufficient evidence, or legal errors.
 
What are the repercussions of multiple fatalities in a vehicular homicide case?
The potential penalties may be increased if multiple deaths occur, as each fatality may result in separate charges.
 
Is it possible to expunge a vehicular homicide conviction?
The eligibility for expungement is contingent upon state laws; however, felony convictions, such as vehicular homicide, are frequently ineligible.
 
Is it possible for weather conditions to serve as a defense in vehicular homicide cases?
Although severe weather conditions may be considered when determining negligence, drivers are generally expected to adjust to hazardous conditions. 

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Vehicular Homicide Attorney Las Vegas

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