Motor Vehicle Homicide, Hit and Run, or Vehicular Manslaughter is a charge that is divided into a felony count and a misdemeanor count with the criteria differing only on one point. In order to obtain a conviction for both charges, prosecutors must prove that you were in operation of the vehicle, that you were under the influence of a controlled substance or intoxicating substances, that you operated the vehicle negligently or recklessly, and that another person died as a result of the accident.
What is the difference between felony Motor Vehicle Homicide and a misdemeanor charge?
The difference between a felony charge and a misdemeanor charge is your involvement in the death. If the victim died as a direct result of your actions in your vehicle, it is a felony charge. If the victim died, but may have or would have died whether you were there or not, even though you were involved in the accident, then it is a misdemeanor. The penalties for reckless endangerment death resulting are 2 and a half years in prison for a misdemeanor, and up to 15 years in prison for a felony, with a one-year mandatory sentencing guideline.