What Is Reckless Homicide?
When a motorist – as a direct result of their reckless disregard for others on the road – causes someone else to be killed in a traffic accident, it’s referred to as reckless homicide, and it’s a serious criminal charge. If this is the difficult position you find yourself in, an experienced Greenville criminal defense attorney is standing by to help.
Reckless Disregard
When a motorist exhibits reckless disregard for the safety of others on the road and, as a result, someone else dies, they can be charged with reckless homicide in South Carolina. Reckless disregard in this context refers to knowing that one’s actions are exceptionally dangerous but not bothering to do anything about it. Common examples include:
- Motorists who are seriously impaired behind the wheel
- Motorists who zip in and out of traffic at top speeds
- Motorists who spend more time texting than paying attention to their driving
Every driver knows that these practices are against the law and very dangerous, but some continue to engage in them – and when they do, their actions can qualify as reckless disregard.
The Direct Cause of the Other Person’s Death
For the charge of reckless homicide to apply, the at-fault driver’s reckless disregard must be the direct cause of the victim’s fatal injuries. In other words, the state must be able to directly link the accused person’s actions to the fatal consequences. Proving that the defendant acted with reckless disregard isn’t enough – the prosecution must show their reckless disregard caused the accident that ultimately killed the victim, which is a more complex task.
The Victim’s Death
It’s important to note here that the victim of a reckless homicide doesn’t have to succumb to their injuries immediately for the charge to apply. In South Carolina, a motorist can be charged with reckless homicide if the victim dies of injuries sustained in the underlying accident within three years of the accident date.
Fines and Penalties
A conviction for reckless homicide is a felony that carries a prison sentence of up to 10 years and fines of up to $5,000. Additionally, the defendant will face a driver’s license revocation of up to five years, which begins after the sentence is served and can make getting back on one’s feet that much more difficult. Those convicted of reckless homicide can petition the court for driver’s license reinstatement when all the following apply:
- They completed their prison sentence.
- They paid their fines.
- The charge didn’t involve driving under the influence of alcohol or drugs.
- Their habits, character, attitude, and overall driving record all speak to their ability to drive safely.
Reach Out to an Experienced Greenville Criminal Defense Attorney Today
The formidable Greenville criminal defense attorneys at Ryan Beasley Law dedicate their impressive practice to skillfully guiding complex reckless homicide cases like yours toward advantageous resolutions, and we welcome the opportunity to also help you. The outcome of your case is important to your future, so please don’t hesitate to contact us online or call 864-679-7777 for more information about what we can do for you today.
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