What is Reckless Homicide?
A person who causes a crash that kills another person could potentially be charged with a serious felony offense in South Carolina. The crime is known as reckless homicide. It is a felony offense that involves causing the death of another person through the operation of a motor vehicle with reckless disregard for the safety of others. Here, our violent crime lawyer in Columbia provides a more comprehensive guide to reckless homicide charges in South Carolina.
Know the Law: Reckless Homicide in South Carolina
The crime of reckless homicide is also referred to as vehicular homicide in South Carolina. It happens when a motorist causes a fatal accident through criminal negligence. Under South Carolina Code § 56-5-2910, a person may be arrested for and charged with reckless homicide if the evidence shows that they:
- Acted with willful or wanton disregard for life while driving; and
- Caused a crash that killed another person.
To be clear, the crime is not the same as murder or voluntary manslaughter. A conviction does not require malice or intent to kill. Instead, prosecutors only need to prove that grossly negligent behavior behind the wheel caused a fatal crash. For example, a person who was texting and driving on a busy, fast-moving highway could potentially face a reckless homicide charge for a deadly crash.
An Overview of the Penalties for Reckless Homicide
Reckless homicide is a very serious criminal offense. In South Carolina, it is classified as a felony. A conviction under § 56-5-2910 is punishable by up to ten years in prison and a mandatory license-suspension for at least five years. The five-year license revocation is automatic upon conviction. A driver’s license can only be reinstated upon the successful completion of a driver improvement program and proof of financial responsibility.
How to Defend South Carolina Reckless Homicide Charges
Any person charged with a criminal offense is presumed innocent until proven guilty. A reckless homicide charge is certainly no exception to the rule. How exactly this type of offense should be defended varies based on the specific circumstances of the case.
Notably, one common defense is to challenge the prosecution’s evidence of “reckless disregard”—arguing that the defendant’s actions, while negligent, did not rise to the level of criminal recklessness. That could absolve the accused of a felony offense.
In other cases, there may be questions about whether the defendant was actually the motorist who caused the accident at all. Reckless homicide charges can be defended on the grounds that the accused does not actually bear fault, criminal or otherwise, for the crash.
Consult With Our Columbia Reckless Homicide Defense Lawyer Today
At the Law Office of Jonathan M. Harvey, our South Carolina felony defense attorney handles the full range of reckless homicide cases. If you or your loved one was arrested and charged with reckless homicide, we are here to help. Contact us today for a fully confidential case review. With an office in Columbia, we defend reckless homicide cases all across the region in South Carolina.