Understanding Reckless Homicide in Indiana (When a Vehicle Is Involved)

Posted on July 16, 2025

When someone is killed, a crime may or may not be involved. Whether the matter is considered criminal depends on the circumstances surrounding the death and the defendant’s mental state. An experienced Indianapolis manslaughter attorney from The Criminal Defense Team can help explain any charges you or a loved one is facing and how we can help. 

What Is Reckless Homicide in Indiana?

Indiana Code § 35-42-1-5 provides this simple definition of reckless homicide: A person who recklessly kills another human being commits reckless homicide. This offense is considered a Level 5 felony in Indiana. 

Under this definition, you do not have to intend to kill or knowingly kill someone. Instead, you need only act recklessly, which means that your actions pose a substantial risk of bodily injury or death. Because you were aware that your actions could cause substantial harm and chose to perform the act anyway, you can face serious consequences even though you did not intend the death to occur.

Examples of Reckless Homicide Involving Vehicles

Under Indiana’s reckless homicide law, the following acts could lead to a charge of reckless homicide if someone died as a result of the actions:

  • Drunk driving
  • Drugged driving
  • Excessive speeding
  • Running a red light
  • Drag racing
  • Street racing 
  • Reckless driving

Potential Penalties for Reckless Homicide 

As a Level 5 felony, a conviction for reckless homicide can result in one to six years in prison and a fine of up to $10,000.

Potential Defenses to Reckless Homicide Charges

Criminal defense to reckless homicide charges is extremely fact-specific. Effective strategies often attack the legal elements associated with the crime, either arguing that you did not engage in the activity alleged or that it was not reckless conduct. Various factors can go into determining whether an act was reckless, such as:

  • Whether other people or property were around
  • Road and weather conditions
  • Whether you were under the influence of alcohol or drugs
  • Your experience and skill level
  • Your knowledge and awareness

The board-certified criminal defense specialists at The Criminal Defense Team of Baldwin Perry & Wiley PC have over 110 years of combined experience and focus exclusively on criminal law. Our experience includes handling serious felony charges in Indiana. 

What Should You Do If You Are Under Investigation for Reckless Homicide

It’s essential that you understand and exercise your legal rights if you are ever arrested. These rights include:

  • Your right to remain silent
  • Your right to a lawyer
  • Your right to be free of self-incrimination
  • Your right to be free of illegal searches or seizures

You should contact an experienced criminal defense lawyer immediately for help with your case.

Contact The Criminal Defense Team for Aggressive Advocacy and Compassionate Counsel

If you or a loved one is charged with reckless homicide, it’s crucial that you seek competent legal representation immediately. A skilled DUI vehicular manslaughter attorney from our firm can help build a strong defense in your case, help you navigate the complex criminal justice system, and work towards achieving the best possible outcome for your case. Call us today for a free, confidential consultation.