William G. Yarborough

When texting while driving leads to involuntary manslaughter

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Texting while driving is an ongoing problem in every state, including South Carolina.

If you are texting and cause an accident that results in the death of another person, law enforcement can charge you with involuntary manslaughter. What exactly does this mean?

Murder versus manslaughter

If you killed someone with malicious aforethought, you meant to do it. You meant for this person to die. Therefore, you are guilty of committing the capital crime of murder in the state of South Carolina and could face the death penalty.

On the other hand, malice has no part in manslaughter. For example, a man may have provoked you and made you extremely angry. As a consequence, you struck him with a heavy blow in the heat of passion. You did not mean to kill him, but his head connected with the edge of the desk as he went down, and he died from the head injury. The charge is not as serious as the charge for murder, but the penalties can still be severe.

Involuntary manslaughter

You did not realize how deadly the consequences can be when you text and drive, and you certainly did not plan to cause a crash in which someone died. This is an example of involuntary manslaughter. In the state of South Carolina, you could go to prison for this offense with a maximum term of five years. Since there is no mandatory minimum, the court could order probation instead of prison time, which, of course, would be the easier sentence.

Next steps

A criminal conviction would have a far-reaching impact on your life. To begin with, employers, banks and landlords routinely perform background checks. Therefore, you may find it difficult to find a job, obtain a loan or rent an apartment. Learning about your legal options is the next step. You will need a strong defense, which would begin with a thorough investigation of the circumstances surrounding the car crash. When you face charges of involuntary manslaughter, you want the best outcome possible for your case.

 

Frequently Asked Questions

How do I know if I need a lawyer?

If you have been charged with a crime, arrested, or under investigation then you need a lawyer.

When you’re charged with a crime, there may be potential penalties that you’re not aware of. But there are ways to defend against the charges, too. Your lawyer can strategize for your case. They can represent you in court and to the prosecutor, putting their expertise to work for you.

Even if the charges don’t seem significant now, they may affect you in the future. Your lawyer defends your freedom and your best interests. If you’re facing a criminal charge or police investigation, contact a criminal defense lawyer.

What steps should I take immediately to protect my rights?

If you’re arrested or charged with a crime, be polite – but don’t consent to any search. Politely say that you refuse to answer any questions. Don’t resist the law enforcement officer.

Exercise your right to remain silent. This includes law enforcement officers before and after the arrest. It also means not talking to others at the police station, your friends, extended family, and social media. The things you say can be used against you.

Ask to contact your lawyer. Then call us right away. We can represent you at your next court hearing. Save everything that you think may be relevant to the case.

How long will my case take?

Every case has a different timeline depending on the severity and facts of the case. Some criminal charges can be resolved in just a few weeks. Others can take several months.

As your lawyer, William G. Yarborough will help you balance the various factors. It can take time to build defenses and/or negotiate a favorable plea agreement. It may be worth it to wait to go to trial. Other times, it’s best to take a plea deal.

What’s right for you depends on multiple factors. Attorney Yarborough can advise you on what he thinks is your best course of action.

Will my case go to trial?

There may be non-trial options available to you. You may secure a plea bargain or a pre-trial case diversion. Sometimes, preliminary motions can result in charges being dismissed.

However, you always have the right to a trial. In a trial, the prosecutor must prove the charges against you beyond a reasonable doubt.

Most cases don’t end up going to trial. But what matters is your case. Attorney Yarborough will work with you on a personalized case plan that reflects your interests and goals.

If your case does go to trial, Attorney William G. Yarborough is prepared to aggressively defend you in court.

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