First-degree vs. second-degree vehicular homicide in Georgia: What’s the difference?

Key Takeaways

• Georgia law separates vehicular homicide into first-degree (felony) and second-degree (misdemeanor) charges, depending on how the fatal accident occurred.
• First-degree charges involve serious traffic offenses like DUI or reckless driving and can lead to years in prison.
• Second-degree cases involve less egregious violations (e.g., failure to yield) and carry lighter penalties, but still result in a criminal record.

What is vehicular homicide under Georgia law?

Under O.C.G.A. § 40-6-393, vehicular homicide occurs when a person causes the death of another person through the operation of a motor vehicle in violation of traffic laws. Georgia classifies this crime into two degrees based on the severity and nature of the underlying traffic offense.

What is first-degree vehicular homicide in Georgia?

First-degree vehicular homicide is a felony and applies when a death is caused by serious violations such as:

• DUI (driving under the influence of alcohol or drugs)
• Reckless driving
• Passing a stopped school bus
• Fleeing from police
• Driving as a habitual violator

If you’re found to have committed one of these while causing a fatal crash, you can be charged with first-degree homicide—even if you didn’t intend harm.

What is second-degree vehicular homicide in Georgia?

Second-degree vehicular homicide is a misdemeanor and occurs when the death results from any other traffic violation not listed under first-degree. Examples include:

• Running a red light
• Failure to yield
• Improper lane change
• Following too closely

While less serious than first-degree, a second-degree conviction still carries criminal consequences and should be taken seriously.

What are the penalties for each charge?

If multiple people died, or if you have prior offenses, you may face consecutive sentences, raising the stakes dramatically.

Can I be charged with vehicular homicide even if it was an accident?

Yes. Georgia law does not require intent to kill. You can be charged if a fatal crash occurred while you were committing a traffic violation—even something as minor as failing to signal.

That’s why it’s critical to have a defense attorney who can:

• Challenge the underlying traffic citation
• Investigate contributing factors like weather, road design, or other drivers
• Seek reduction from felony to misdemeanor
• Pursue dismissal or pretrial diversion where possible

What should I do if I’m charged with vehicular homicide in Georgia?

If you’re facing vehicular homicide charges, you must act quickly:

1. Do not speak to police without a lawyer present.
2. Call Hines Law at 404-226-4236 for immediate legal help.
3. Preserve any evidence: dashcam footage, eyewitnesses, vehicle black box data, etc.
4. Avoid discussing the case on social media.
5. Be honest with your attorney about prior driving offenses or any substances consumed.

These cases are complex—especially in Cobb, Fulton, DeKalb, Gwinnett, Clayton, and Hall Counties, where prosecutors treat vehicular deaths very seriously.

Georgia Vehicular Homicide FAQ

Is first-degree vehicular homicide a felony in Georgia?
Yes, and it carries 3–15 years in prison per death.

Can you get probation for vehicular homicide?
Possibly—for second-degree charges, or as part of a negotiated plea for first-degree.

What if the victim was a pedestrian or cyclist?
You can still be charged—even if the other person wasn’t in a car.

Can I drive while my case is pending?
Your license may be suspended. Speak to your attorney about applying for a limited permit.

Does insurance cover vehicular homicide charges?
No. Insurance may cover civil damages, but not criminal penalties like jail time or fines.

Charged with Vehicular Homicide? Call Hines Law Today.

These cases are life-altering. Don’t go into court alone.

Call 404-226-4236 now to schedule a free, confidential consultation with an experienced Georgia vehicular homicide defense attorney. We represent clients in Cobb, Fulton, DeKalb, Gwinnett, Clayton, and Hall Counties.