In DUI cases, a single incident can give rise to multiple charges, including serious offenses like involuntary manslaughter and aggravated assault by vehicle, depending on the circumstances. Pennsylvania courts must determine whether these charges warrant separate sentences or should merge for sentencing purposes, as discussed in a recent decision issued by a Pennsylvania court. If you face DUI or related charges arising from one incident, it is crucial to consult a Pennsylvania DUI defense attorney to determine what measures you can take to protect your rights and pursue a just outcome.
History of the Case
It is alleged that the defendant was convicted of multiple offenses, including involuntary manslaughter, aggravated assault by vehicle, and driving under the influence (DUI) of a controlled substance. The convictions stemmed from a 2015 incident in which the defendant while driving under the influence of marijuana, lost control of his vehicle and struck a utility pole. His fiancée, a passenger in the vehicle, suffered fatal injuries.
Reportedly, following a jury trial, the trial court sentenced the appellant to consecutive terms of incarceration for involuntary manslaughter and aggravated assault by vehicle, along with additional penalties for DUI and summary offenses. The defendant appealed, arguing that the trial court erred in failing to merge the sentences for involuntary manslaughter and aggravated assault by vehicle, as they allegedly arose from the same criminal act and shared overlapping elements.
Grounds for Merging DUI Crimes
On appeal, the court reviewed the appellant’s claim under a de novo standard, as questions of merger implicate the legality of a sentence. Pennsylvania’s merger statute, 42 Pa.C.S. § 9765, requires that two conditions be met for merger: (1) the crimes must arise from a single criminal act, and (2) all statutory elements of one offense must be included within the elements of the other.
The court determined that while the offenses arose from the same incident, they did not merge because each required proof of an element the other did not. Specifically, involuntary manslaughter required proof that the appellant caused a death, which is not an element of aggravated assault by vehicle. Conversely, aggravated assault by vehicle required proof that the appellant violated a traffic law in causing serious bodily injury, an element not required for involuntary manslaughter.
Relying on precedent, the court concluded that the offenses remained distinct under the statutory elements test. Accordingly, the court affirmed the trial court’s decision to impose separate sentences for involuntary manslaughter and aggravated assault by vehicle.
Speak to a Seasoned Pennsylvania DUI Defense Attorney
DUI cases often involve complex legal and factual issues, particularly when multiple charges and potential sentencing mergers are at stake. If you are facing DUI charges, it is essential to consult an experienced defense attorney who can evaluate your case and advocate for your rights. Attorney Zachary B. Cooper is a seasoned Pennsylvania DUI defense lawyer who can help you seek the best possible outcome. To schedule a confidential and free consultation, contact Mr. Cooper via the online form or call (215) 542-0800.