Traffic Fatality Defense Lawyer in Lexington, Virginia — What Are the Charges?
A fatal car accident in Lexington can lead to severe criminal charges like involuntary manslaughter (Va. Code § 18.2-36) or aggravated involuntary manslaughter (Va. Code § 18.2-36.1), both felonies carrying years in prison. As a traffic fatality defense lawyer Lexington, Law Offices Of SRIS, P.C. understands the significant stakes.
Virginia Law on Fatal Traffic Accidents
In Virginia, a traffic accident resulting in death is not automatically a crime. Prosecutors must prove criminal negligence or a violation of a traffic law that directly caused the fatality. The most common charges are involuntary manslaughter, a Class 5 felony punishable by 1-10 years in prison, and aggravated involuntary manslaughter, a Class 6 felony with a mandatory minimum one-year sentence. The latter applies when the driver was intoxicated. A conviction also results in a permanent felony record and lengthy driver’s license revocation.
Last verified: April 2026 | Lexington General District Court & Rockbridge County Circuit Court | Virginia General Assembly
Official Legal Resources
For the full text of the statutes, review Va. Code § 18.2-36 (Involuntary Manslaughter) on the official Virginia law website. Court procedures and filing information for Lexington and Rockbridge County cases can be found at the 25th Judicial Circuit Court website.
Local Court Process for Vehicular Homicide Cases
Felony charges like involuntary manslaughter begin with an arrest and bond hearing. The case is first presented to the Lexington/Rockbridge County General District Court for a preliminary hearing to determine probable cause. If bound over, it proceeds to Rockbridge County Circuit Court for indictment by a grand jury and eventual trial. The Virginia State Police often assist in the investigation, and the Commonwealth’s Attorney will present evidence from accident reconstruction experts.
- Secure Immediate Legal Counsel: Do not speak to investigators without your attorney present. Contact a traffic fatality defense lawyer Lexington immediately.
- Preliminary Hearing: Your attorney will challenge the probable cause for the felony charge at the General District Court hearing at 2 South Main Street, Lexington.
- Grand Jury Indictment: If bound over, the case goes to a Circuit Court grand jury. Your lawyer can present exculpatory evidence to the prosecutor beforehand to seek a reduction or dismissal.
- Pre-Trial Motions & Discovery: Your defense team will file motions to suppress evidence and obtain all police reports, experienced analyses, and witness statements.
- Trial or Negotiation: Based on the strength of the evidence, your attorney will either prepare for a jury trial or negotiate for a reduced charge, such as reckless driving.
Potential Penalties for Fatal Accident Charges
In Lexington, a conviction for involuntary manslaughter from a car accident is a felony with a prison sentence of 1-10 years, a fine up to $2,500, and a multi-year license revocation.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Involuntary Manslaughter (Va. Code § 18.2-36) | Class 5 Felony | 1-10 years | Up to $2,500 | Revocation up to 1 year (mandatory) | Permanent felony record; possible civil lawsuit |
| Aggravated Involuntary Manslaughter (Va. Code § 18.2-36.1) | Class 6 Felony | 1-20 years (1-year mandatory min.) | Up to $2,500 | Revocation up to 3 years (mandatory) | Permanent felony record; mandatory ignition interlock upon relicensing |
| Reckless Driving (Fatality Involved) | Class 1 Misdemeanor | Up to 12 months | Up to $2,500 | Suspension 6 months – 3 years | Criminal record; 6 DMV points; severe insurance increases |
Results may vary. Prior results do not guarantee a similar outcome.
Why Choose Our Firm for Your Defense
Founded in 1997 by a former prosecutor, Law Offices Of SRIS, P.C. brings over 120 years of combined legal experience to every case. Our “Advocacy Without Borders” philosophy means we commit fully to defending clients facing life-altering charges. We have a documented record of achieving favorable outcomes in complex traffic cases across Virginia.
Matthew Greene, Senior Defense Attorney at Law Offices Of SRIS, P.C. — Licensed in VA. 30+ years criminal defense. Death penalty certified (formerly). View Matthew Greene’s Profile
Documented Case Results in Lexington
Our firm has a history of achieving positive results in Lexington traffic courts. For example, we have secured dismissals (nolle prosequi) for reckless driving charges where the evidence of speed was questionable. In other cases, we have negotiated reductions from serious charges like reckless driving at high speeds down to simple speeding or improper driving, avoiding criminal records for our clients.
Results may vary. Prior results do not guarantee a similar outcome.
Our secondary attorney on complex traffic defense cases is Bryan Block, a former Virginia State Trooper with 15 years of law enforcement experience. His deep knowledge of accident investigation protocols and police procedures is a unique asset in dissecting the Commonwealth’s case in a fatal accident investigation.
Local Service for Lexington Residents
Law Offices Of SRIS, P.C. — Richmond Location
7400 Beaufont Springs Dr Suite 300 Room 359, Richmond, VA 23225, United States
Toll-Free: (888) 437-7747 | Local: (804)201-9009
Phones 24/7/365; Office by appointment.
By appointment only.
Our Richmond location serves clients at the Lexington and Rockbridge County courts. We represent individuals throughout the Lexington community, including those associated with Virginia Military Institute (VMI) and Washington and Lee University. Facing a fatal car accident charge requires immediate action from a skilled vehicular homicide defense lawyer Lexington. We offer 24/7 phone consultations.
Frequently Asked Questions (Traffic Fatality Defense)
What is the difference between vehicular homicide and involuntary manslaughter in Virginia?
Virginia does not have a specific “vehicular homicide” statute. Deaths from driving are typically charged under involuntary manslaughter (general negligence) or aggravated involuntary manslaughter (DUI-related). A fatal car accident charge lawyer Lexington can explain which applies to your case.
Can I go to jail for a fatal car accident if I wasn’t drunk?
Yes. Involuntary manslaughter requires proof of criminal negligence, not intoxication. If the Commonwealth proves your driving was so reckless, careless, or illegal that it showed a disregard for human life, you can be convicted and sentenced to prison. This is why you need a traffic fatality defense lawyer Lexington immediately.
What should I do first after a fatal accident?
Ensure safety and call 911. Do not make statements about fault or apologize at the scene, as these can be used as admissions. Politely decline to give a detailed statement to police until you have spoken with your attorney. Then, contact a vehicular homicide defense lawyer Lexington without delay.
How long does a fatal accident investigation take?
It depends. Investigations can take weeks or months as police await toxicology reports, accident reconstruction analysis, and consult with the Commonwealth’s Attorney. Charges may not be filed immediately. Having a lawyer involved during the investigation phase is crucial to protect your rights.
Can these charges be reduced?
Yes, in some cases. A skilled traffic fatality defense lawyer Lexington may negotiate to reduce a felony involuntary manslaughter charge to a misdemeanor like reckless driving, depending on the evidence, the victim’s family’s wishes, and the defendant’s background. Every case is unique.