Not every fatal car accident is treated the same under Kansas law. Depending on what happened behind the wheel and the circumstances surrounding the crash, prosecutors may pursue charges ranging from vehicular homicide to involuntary manslaughter. While you might have heard both terms used interchangeably in crime shows, news headlines, or online, the two charges are not the same. In fact, they carry different legal standards, potential penalties, and long-term consequences. Because the consequences can be life-changing, it’s important to understand how Kansas law distinguishes these offenses, and when to speak with experienced violent crimes attorneys in Wichita.
What Is Vehicular Homicide?
Under K.S.A. 21-5406, vehicular homicide occurs when someone unintentionally causes another person’s death while operating a motor vehicle in a manner that creates an unreasonable risk of injury and represents a material deviation from the standard of care expected of a reasonable driver. In other words, the driver’s conduct goes beyond ordinary negligence but does not amount to gross negligence.
How can I be charged for an accidental death? A fatal crash caused by negligent driving can lead to a vehicular homicide charge, but prosecutors must prove that the driver’s actions directly caused the other person’s death.
What Is Involuntary Manslaughter?
K.S.A. 21-5405 defines involuntary manslaughter as the unintentional killing of another person that is committed recklessly or under certain circumstances outlined in Kansas law, including some deaths involving impaired driving. Unlike vehicular homicide, involuntary manslaughter requires prosecutors to prove a higher level of culpability. “Recklessness” involves consciously disregarding a substantial and unjustifiable risk that the driver’s actions could cause serious harm to another person. Because of that distinction, involuntary manslaughter is charged as a felony rather than a misdemeanor.
How State Law Distinguishes These Offenses
The primary difference between vehicular homicide and involuntary manslaughter charges often hinges on the driver’s conduct leading up to the crash. For example, imagine a driver glances down at a GPS, drifts into another lane, and causes a fatal collision. If prosecutors believe the driver’s actions amounted to criminal negligence, the case may be charged as vehicular homicide.
Now consider a different scenario. A driver chooses to race through city streets at excessive speeds or gets behind the wheel while impaired, despite understanding the obvious risks. If those actions result in a fatal crash, prosecutors may pursue involuntary manslaughter because the conduct demonstrates a greater disregard for the safety of others.
It’s important to remember that every case is different, and prosecutors will evaluate the evidence carefully before deciding which charge is appropriate. Witness statements, accident reconstruction, toxicology reports, dash camera footage, and other evidence can all influence how a case is charged.
Penalties Under Kansas Law
If convicted, the penalties for vehicular homicide and involuntary manslaughter differ significantly under Kansas law. Vehicular homicide is classified as a Class A person misdemeanor, with a conviction punishable by up to one year in county jail and a fine of up to $2,500, along with possible consequences affecting a defendant’s driving privileges.
In Kansas, involuntary manslaughter is a felony offense. Certain circumstances, such as causing a death while driving under the influence, can increase the severity of the charge. Unlike misdemeanor offenses, felony sentences are determined under the Kansas Sentencing Guidelines, which consider both the offense’s severity level and the defendant’s criminal history. As a result, the sentence imposed can vary significantly from case to case.
Have You Been Accused?
If you’re facing vehicular homicide or involuntary manslaughter charges, we encourage you to contact the McConnell Law Firm as soon as possible. While every case is different, and no conclusions should be drawn without first consulting an experienced violent crimes attorney about the specifics of your case, it is always in your best interest to have a skilled attorney by your side from the beginning.
