Legal Question in Criminal Law in Georgia
my husband is currently serving a sentence in prison for vehicular homicide, but was not in the car at the time of the accident he was at home, he has a prior arrest in 1988 for armed robbery, how can we go about getting this charge as time served since it has been over the 15 years that he was sentensed too, it continues to be his major charge?
1 Answer from Attorneys
You're asking 15 years after a case was heard how you can argue your husband was not driving a car when he was convicted of that?
Your post makes no sense as if he had served 15 years he would have already been released.
First degree vehicular homicide is punishable by 3 to 15 years of imprisonment. If the accused had previously been declared a habitual violator, the range of punishment is five to twenty years, and at least one year of the sentence must be served. Second degree vehicular homicide encompasses all vehicular homicides without intent to kill that involve any other violations of the laws governing the operation of motor vehicles. Second degree vehicular homicide is a misdemeanor, punishable by imprisonment or other confinement for up to 1 year, a fine of up to $1,000.00, or both. However, at the judge�s discretion, punishment may be suspended or a probation sentence may be received.
In other words, what you have posted is not even a correct statement of facts. So there's no way to answer it.
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