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Criminal Defense
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Personal Injury
Raleigh Vehicular Homicide Lawyer
Serving Wake County & Beyond
250+ Reviews and counting
Vehicular homicide in North Carolina is a felony that carries years in prison, especially when alcohol or reckless driving is involved, and the emotional weight of these cases makes them uniquely difficult. Work with a Raleigh criminal defense lawyer who has experience defending serious vehicular crimes and can challenge accident reconstruction evidence. Schedule your consultation now.
Not every fatal accident is a crime—but once prosecutors decide to file vehicular homicide charges, they pursue them relentlessly. Our legal team steps in immediately to expose flaws in the investigation, challenge weak or biased evidence, and make sure you’re not unjustly punished for a tragic event.
At DeMent Askew Johnson & Marshall, we’ve stood beside people facing the unthinkable—defending those charged with vehicular homicide, felony death by vehicle, and DWI-related deaths throughout North Carolina.
If you’re facing charges, contact us today to discuss the possibilities.
Under N.C.G.S. § 20-141.4, vehicular homicide encompasses several charges related to causing death while operating a vehicle. The specific charge depends on the circumstances—whether impairment was involved, your driving history, and the nature of the driving behavior.
The key distinction: vehicular homicide charges apply when someone dies due to your driving, but without the intent to kill. It’s the unintentional taking of life that separates these charges from murder—but the penalties can be just as devastating.
North Carolina takes an aggressive stance on DWI-related deaths. A clean driving record won’t protect you. One tragic moment can result in felony charges carrying decades in prison, regardless of your history or character.
Vehicular homicide charges in North Carolina range from misdemeanors to serious felonies. The exact charge depends on factors like impairment, prior convictions, and the circumstances of the crash.
The most common vehicular homicide charge requires prosecutors to prove three elements:
“Proximate cause” doesn’t mean impairment was the only cause—just that it contributed to the circumstances leading to death. Even if other factors were involved, you can still face these charges.
Penalties: 38 to 204 months in prison, permanent license revocation, and fines at the judge’s discretion.
If you have a prior DWI conviction within the past seven years, the charge escalates to aggravated felony death by vehicle. The prior conviction transforms a tragedy into an even more serious criminal case.
Penalties: Mandatory sentencing in the aggravated range, meaning longer prison terms within the 38 to 204-month window.
The most severe vehicular homicide charge applies when you have a previous conviction for DWI-related death. This devastating charge reflects North Carolina’s zero-tolerance approach to repeat offenders.
Penalties: 94 to 484 months in prison—up to 40 years behind bars.
When death results from a traffic violation other than DWI—such as speeding, running a red light, or failure to yield—prosecutors may charge misdemeanor death by vehicle.
Penalties: Up to 150 days in jail and fines.
Sometimes prosecutors elevate vehicular homicide to second-degree murder under N.C.G.S. § 14-17(b). This happens when they believe your driving showed “wanton disregard for human life”—excessive speed, extreme recklessness, or multiple prior DWIs.
Penalties: 94 to 484 months in prison.
Not all fatal crashes are treated the same under North Carolina law. The charges—and the consequences—depend on what happened and whether things like impairment or past DWIs were involved.
Every case is unique, but effective defenses exist. At DeMent Askew Johnson & Marshall, we explore every angle:
The stakes couldn’t be higher—but you don’t have to face this alone. With the right strategy and a relentless defense team, even the toughest charges can be challenged, reduced, or overcome.
Vehicular homicide cases demand more than legal knowledge—they require compassion, experience, and the resources to mount a comprehensive defense. Our firm offers:
We’ve defended fathers, mothers, young adults—good people facing unimaginable circumstances. We understand the weight you carry and fight to find the best possible outcome.
A vehicular homicide charge feels like the end of everything. The guilt, fear, and uncertainty are overwhelming. But you don’t face this alone.
At DeMent Askew Johnson & Marshall, we’ve guided clients through these devastating situations. We fight for your legal rights while acknowledging the human tragedy. We work toward resolution while helping you find a path forward.
Don’t wait to get help. Call us now for a confidential consultation. Let our experience and resources work for you during this critical time. Your future—and your family’s future—depends on the defense you build today.
Wake County
Carteret County
Durham County
Orange County
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Johnston County (Smithfield courthouse only)
In North Carolina, these terms are often used interchangeably. Both refer to unintentionally causing death while driving. The specific charge—felony death by vehicle, misdemeanor death by vehicle, or second-degree murder—depends on circumstances like impairment, prior record, and driving behavior.
Yes. Fault in the accident and criminal charges are separate issues. If you were impaired, you can face felony death by vehicle charges even if the other driver ran a red light. Prosecutors must prove your impairment was a contributing factor, not necessarily the primary cause.
Impairment includes any substance affecting your ability to drive safely—alcohol, illegal drugs, or even prescribed medications. If medication impaired your driving and contributed to a fatal accident, you can face the same charges as drunk driving.
Felony death by vehicle results in permanent license revocation. Felony serious injury typically means 4-year revocation. Even after serving your sentence, getting driving privileges restored involves complex legal procedures with no guarantee of success.
Never attempt contact without consulting your attorney first. While the impulse to apologize or explain is natural, any communication can be used as evidence. Your attorney can explore appropriate ways to address the human side of these tragedies while protecting your legal interests.
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