Facing a motor vehicle homicide charge in Massachusetts is a life-altering event. The consequences are severe, and the legal process is complex. At Riccio Law, we understand the gravity of your situation and are committed to providing you with a robust defense to protect your rights and future.
Understanding Motor Vehicle Homicide in Massachusetts
Under Massachusetts General Laws Chapter 90 Section 24G, motor vehicle homicide can be prosecuted as either a misdemeanor or a felony. Both charges carry mandatory jail sentences and long-term license suspensions, making it crucial to understand the distinctions between them.
Misdemeanor vs. Felony Charges
- Misdemeanor Motor Vehicle Homicide: Involves operating a vehicle negligently or recklessly, endangering the public, and causing the death of another person.
- Felony Motor Vehicle Homicide: Involves operating a vehicle under the influence of alcohol or drugs, recklessly or negligently, resulting in the death of another person.
Misdemeanor Motor Vehicle Homicide
Definition
You may be charged with misdemeanor motor vehicle homicide if you:
- Operate a motor vehicle negligently or recklessly, endangering public safety.
- Cause the death of another person through such operation.
Importantly, being under the influence of alcohol or drugs is not required for a misdemeanor charge, although it can be a factor.
Penalties
A conviction for misdemeanor motor vehicle homicide can result in:
- Mandatory minimum jail sentence of 30 days
- Up to 2½ years in jail
- Fines up to $3,000
- 15-year driver’s license suspension
Don’t face these penalties alone. Contact Riccio Law today for a free consultation.
Felony Motor Vehicle Homicide
Definition
Felony motor vehicle homicide charges apply when you:
- Operate a vehicle under the influence of alcohol or controlled substances.
- Drive recklessly or negligently, endangering public safety.
- Cause the death of another person through such operation.
The prosecution must prove both impairment and reckless or negligent operation to secure a felony conviction.
Penalties
A felony conviction carries even more severe consequences:
- Mandatory minimum sentence of 1 year in jail or state prison
- Up to 15 years in state prison
- Fines up to $5,000
- 15-year driver’s license suspension
Your future is at stake. Contact Riccio Law now to start building your defense.
Potential Defenses Against Motor Vehicle Homicide Charges
At Riccio Law, we meticulously examine every aspect of your case to develop a strong defense strategy. Possible defenses include:
Not Under the Influence
- Challenging breathalyzer or blood test results for accuracy and reliability.
- Presenting evidence of sobriety, such as witness testimony or video footage.
In felony cases, if we can cast doubt on whether you were under the influence, it can lead to an acquittal or reduction of charges.
Not Driving Recklessly or Negligently
- Analyzing traffic patterns, road conditions, and vehicle maintenance records.
- Utilizing expert testimony to reconstruct the accident scene.
Proving you were not operating recklessly or negligently can be crucial for both misdemeanor and felony charges.
Other Causes of Death
- Investigating whether the deceased had a pre-existing medical condition, such as a heart attack, that led to their death.
- Examining whether third-party actions contributed to the accident.
If another factor caused the death, it could exonerate you from both misdemeanor and felony charges.
Every case is unique. Let us assess your situation and explore your defense options.
Why Choose Riccio Law for Your Defense
Expertise in Massachusetts Law
We specialize in criminal defense within Massachusetts, with a focus on motor vehicle homicide cases. Our deep understanding of state laws and legal precedents equips us to defend you effectively.
Personalized Legal Strategy
We recognize that each case has its own set of circumstances. We provide personalized attention to develop a legal strategy tailored to your specific needs.
Proven Track Record
Our commitment to excellence has resulted in favorable outcomes for many clients facing serious charges.
Your choice of attorney matters. Choose Riccio Law for dedicated representation.
The Importance of a Specialized Motor Vehicle Homicide Defense Lawyer
Motor vehicle homicide cases are complex and require specialized legal expertise. A general practice lawyer may not have the nuanced understanding necessary to navigate:
- Technical evidence, such as accident reconstruction and toxicology reports.
- Mandatory sentencing guidelines and how to negotiate within them.
- The emotional and psychological aspects of cases involving fatalities.
Ensure you have the right advocate by your side. Contact us to learn how we can help.
Frequently Asked Questions
What differentiates misdemeanor and felony motor vehicle homicide charges?
- Misdemeanor: Involves negligent or reckless driving causing death, without the requirement of being under the influence.
- Felony: Requires proof of operating under the influence and reckless or negligent driving causing death.
Can I avoid jail time if convicted?
Both misdemeanor and felony motor vehicle homicide convictions carry mandatory minimum jail sentences, making it crucial to mount a strong defense to potentially reduce charges or penalties.
How long will my driver’s license be suspended?
A conviction results in a 15-year license suspension for both misdemeanor and felony charges.
What should I do immediately after being charged?
- Do not speak to law enforcement without legal representation.
- Contact an experienced attorney as soon as possible to protect your rights.
Have more questions? We’re here to provide answers.
Contact Riccio Law for a Free Consultation
Time is of the essence when facing motor vehicle homicide charges. Early intervention can make a significant difference in the outcome of your case.
- Phone: (617) 404-8878
- Address: 1147 Hancock Street # 212 Quincy, MA 02169
Schedule your free case evaluation today.
Conclusion
A motor vehicle homicide charge is a serious matter that can profoundly impact your life. With mandatory jail sentences and long-term license suspensions, you need an experienced attorney who will fight tirelessly on your behalf.
At Riccio Law, we are dedicated to defending your rights and helping you navigate this challenging time. Don’t face this alone—let us stand with you.
Contact us now to take the first step toward securing your future.
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