Felony Death by Vehicle in North Carolina

Car accidents that cause someone’s death can lead to serious criminal charges in North Carolina. One of the most serious charges is called felony death by vehicle. This is a severe charge that can result in years in prison and change your life forever.

What is Felony Death by Vehicle in North Carolina?

According to North Carolina General Statute § 20-141.4(a1), you can be charged with felony death by vehicle when:

1. You accidentally cause someone’s death in a car accident;
2. You were driving while impaired by alcohol or drugs at the time (violating G.S. 20-138.1 or G.S. 20-138.2); and
3. Your impaired driving directly caused the death.

In simple terms, if you drink and drive or use drugs and drive, and someone dies as a result, you can face this serious felony charge.

What Are the Different Types of Vehicle Death Charges in North Carolina?

North Carolina has several different charges that can apply when someone dies in a car accident:

What Qualifies as Felony Death by Vehicle?

• What it is: A Class D felony under G.S. 20-141.4(b)(2)
• When it applies: When someone dies because you were driving while impaired
• How you might defend against it: Your lawyer might question whether the alcohol tests were done correctly or whether your impairment actually caused the accident

How Is Aggravated Felony Death by Vehicle Different?

• What it is: Still a Class D felony, but with harsher sentencing as stated in G.S. 20-141.4(a5)
• When it applies: When you cause a death while driving impaired AND you have a previous DWI conviction within the last seven years
• How you might defend against it: Your lawyer could challenge whether your prior conviction should count or was properly recorded

What Makes Something a Repeat Felony Death by Vehicle?

• What it is: A Class B2 felony under G.S. 20-141.4(a6)
• When it applies: When you’ve been convicted of felony death by vehicle before and commit another similar offense
• How you might defend against it: Your lawyer might challenge how the previous conviction is being used against you

How Does Misdemeanor Death by Vehicle Compare?

• What it is: A Class A1 misdemeanor under G.S. 20-141.4(a2)
• When it applies: When you cause someone’s death by breaking a traffic law that doesn’t involve impairment
• How you might defend against it: Your lawyer could show that your traffic violation didn’t actually cause the death

What Are the Penalties for Felony Death by Vehicle?

The punishments for these charges are very serious:

• Regular Felony Death by Vehicle:
  • Potentially years in prison according to G.S. 20-141.4(b)(2)
  • If you have no prior criminal record, G.S. 15A-1340.17 allows for intermediate punishment
  • You’ll have a permanent felony record that affects job opportunities, housing, and voting rights
• Aggravated Felony Death by Vehicle:
  • Potentially years in prison
  • Little chance of getting a reduced sentence
  • Same long-term consequences as regular felony death by vehicle
• Repeat Felony Death by Vehicle:
  • Potentially decades in prison as a Class B2 felony under G.S. 20-141.4(b)(1)
  • One of the most serious charges below murder
  • Almost certain to serve a very long prison sentence

How Can You Defend Against These Charges?

If you’re facing a felony death by vehicle charge, there are several ways a good lawyer might defend you:

Question the DWI Evidence

• Were the breathalyzer or blood tests done correctly?
• Was the testing equipment properly maintained?
• Was the person who did the testing properly trained?
• Did the police have a legal reason to stop you in the first place?

Show Something Else Caused the Accident

• Was there bad weather that contributed to the crash?
• Did the other driver make mistakes that actually caused the accident?
• Was there a mechanical failure in your vehicle?
• Would the accident have happened even if you weren’t impaired?

Challenge Legal Procedures

• Did police follow proper procedures when arresting you?
• Did they read you your rights?
• Did they get search warrants when needed?
• Were you illegally stopped without reasonable suspicion?

Argue for a Lesser Charge

• Could this be charged as misdemeanor death by vehicle instead?
• Is there enough evidence to support the felony charge?
• Can your lawyer negotiate for a lesser charge through a plea deal?

How Does North Carolina Law Protect Against Double Charges?

North Carolina law protects people from being charged twice for the same action. G.S. 20-141.4(c) specifically states:

• If you’re charged with death by vehicle, you can’t also be charged with manslaughter for the same death
• If you’re charged with manslaughter, you can’t also be charged with death by vehicle for the same death

Why Do You Need a Criminal Defense Lawyer Right Away?

Being charged with felony death by vehicle is extremely serious. Having a good lawyer as soon as possible is crucial because they can:

• Start investigating the accident before evidence disappears
• Talk to witnesses while their memories are still fresh
• Make sure the police don’t violate your rights
• Begin building your defense strategy right away
• Help you understand what’s happening and what to expect
• Potentially negotiate with prosecutors for a better outcome

What Is the Emotional Impact of Felony Death by Vehicle Cases?

These cases are difficult not just legally, but emotionally. When someone faces a felony death by vehicle charge:

• They often struggle with guilt and grief over the death that occurred
• They worry about possibly going to prison for many years
• Their family members also suffer from stress and uncertainty
• They may face harsh judgment from the community
• The victim’s family is dealing with their own grief and loss

A good defense attorney understands these emotional challenges and can help you cope while also handling the legal aspects of your case.

How Do Courts Handle Felony Death by Vehicle Cases?

The court process for these cases can be lengthy and complex:

1. Arraignment: This is when you first appear in court and hear the formal charges against you
2. Pre-trial motions: Your lawyer may file motions to have certain evidence thrown out or to get more information from prosecutors
3. Plea negotiations: Many cases end with a plea deal rather than going to trial
4. Trial: If your case goes to trial, it may last several days to weeks
5. Sentencing: If convicted, the judge will determine your punishment within the ranges allowed by law

Contact a North Carolina Defense Attorney Today

If you’re facing felony death by vehicle charges, time is critically important. Evidence needs to be preserved, witnesses need to be interviewed, and your rights need to be protected from the very beginning.

A felony death by vehicle charge is one of the most serious accusations someone can face. With prison time and a felony record on the line, the right legal representation is critical. Attorney Patrick Roberts has the experience and resolve to handle high-stakes cases* with the care they demand. Contact our office today for a confidential consultation and start building your defense.

*While Attorney Roberts works hard to secure results for his clients, every case is unique and must be evaluated on its individual facts. Past results do not guarantee future success. Each client’s case requires a unique strategy based on the facts of that case.

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