Vehicular Manslaughter

Vehicular Manslaughter Defense in Taney, Stone, and Christian Counties, Missouri

Being charged with vehicular manslaughter is an extremely serious legal matter that can result in severe penalties, including imprisonment, substantial fines, and a permanent criminal record. If you or a loved one is facing vehicular manslaughter charges it’s vital to have a skilled and experienced Taney County vehicular manslaughter defense attorney to ensure your rights are protected throughout the legal process. At Scrivner Law Firm we understand the gravity of vehicular manslaughter charges and are committed to providing aggressive defense strategies tailored to the unique circumstances of your case.

What is Vehicular Manslaughter in Missouri?

In Missouri, vehicular manslaughter refers to the unlawful killing of another person while operating a motor vehicle. It can occur when a driver’s reckless or negligent behavior leads to a fatal accident. Missouri law recognizes two types of vehicular manslaughter:

1. Involuntary Manslaughter (1st Degree): This charge typically applies when a person unintentionally causes the death of another due to reckless driving or by committing a felony while operating a vehicle. Involuntary manslaughter is a Class C felony, which can carry a penalty of 3-10 years in prison and a fine of up to $10,000.
2. Involuntary Manslaughter (2nd Degree): This is often charged when a person causes the death of another through criminal negligence, such as driving under the influence (DUI) of alcohol or drugs. This is a Class D felony, which can carry up to 7 years in prison and a fine of up to $10,000.

Both of these charges can result in life-altering consequences, making it essential to have an experienced criminal defense attorney on your side to explore all possible defenses.

Defenses to Vehicular Manslaughter Charges in Missouri

Facing a vehicular manslaughter charge requires a defense strategy that addresses the specific facts of the case. There are several potential defenses that may apply to your case depending on the circumstances of the accident, including:

1. Lack of Criminal Negligence or Recklessness

To be convicted of vehicular manslaughter, the prosecution must prove that you acted recklessly or negligently behind the wheel. Recklessness is generally understood as driving in a manner that disregards the safety of others, while negligence refers to a failure to exercise reasonable care. If the defense can establish that the incident was a result of a tragic accident rather than criminal behavior, this can be a compelling argument for reducing or eliminating the charges.

2. Fault of Another Driver

In some cases, another driver may be primarily responsible for the fatal accident. If you were not at fault or if the other driver’s actions contributed to the crash (e.g., running a red light, failing to yield), your attorney can argue that you should not be held criminally responsible for the death. Our attorney at Scrivner Law Firm will carefully examine evidence such as traffic camera footage, witness testimonies, and accident reconstruction reports to identify whether another driver’s negligence was the cause.

3. Mechanical Failure or Defective Vehicle

Sometimes, a fatal accident is caused by mechanical failure or defects in the vehicle, such as brake failure or tire blowouts. If your vehicle experienced an unexpected malfunction, you may not have been in control of the situation. Our team will investigate the circumstances of the crash and work with expert witnesses to demonstrate that the malfunction led to the fatal accident, which could be a viable defense to the charges.

4. Driving Under the Influence (DUI)

If you were charged with vehicular manslaughter while allegedly under the influence of drugs or alcohol, there may be defense strategies related to the accuracy of chemical tests. Breathalyzer tests and blood tests can sometimes be inaccurate, and if proper procedures were not followed, your attorney may be able to challenge the evidence. Additionally, it may be possible to argue that while you were impaired, your actions did not directly lead to the death or that another factor contributed to the fatality.

5. Insufficient Evidence

In some cases, the prosecution may not have enough evidence to prove beyond a reasonable doubt that you were responsible for the victim’s death. The defense team at Scrivner Law Firm will thoroughly review all available evidence, such as police reports, witness statements, and accident scene details, to identify weaknesses in the prosecution’s case and build a strategy to have the charges reduced or dismissed.

Penalties for Vehicular Manslaughter in Missouri

If convicted of vehicular manslaughter in Missouri, you could face serious consequences. Penalties vary depending on the degree of the offense:

• First-Degree Involuntary Manslaughter: This charge is a Class C felony and can result in 3 to 10 years of imprisonment, and in some cases, probation or parole. You may also be subject to fines, license suspension, and mandatory driving courses.
• Second-Degree Involuntary Manslaughter: As a Class D felony, this charge can result in up to 7 years in prison. Like first-degree charges, you could face fines, loss of driving privileges, and other consequences.

In addition to criminal penalties, a conviction could result in a civil lawsuit from the victim’s family for wrongful death, which can lead to additional financial liabilities.

Why Choose Scrivner Law Firm?

At Scrivner Law Firm, we offer compassionate and aggressive legal representation to those accused of vehicular manslaughter in Taney, Stone, and Christian counties. With years of experience handling criminal defense cases, including complex vehicular manslaughter charges, we understand the intricacies of Missouri’s criminal justice system and the local courts in these counties.

We offer personalized attention, thorough case investigation, and expert defense strategies tailored to your case. Our attorney and former prosecutor, Dayrell Scrivner, will examine all evidence, consult with experts, and work tirelessly to build a strong defense to protect your rights and achieve the best possible outcome.

Contact Scrivner Law Firm for a Free Consultation

If you are facing vehicular manslaughter charges in Taney, Stone, or Christian County, Missouri, don’t wait to get the legal help you need. The sooner you reach out to an experienced vehicular manslaughter defense attorney, the sooner we can start building your defense.

Contact Scrivner Law Firm today to schedule a free, confidential consultation. Let us put our experience to work for you during this difficult time.