I guess I am a little confused about why the double negligent homicide charge.
This is from a blog by the law firm
Burke & Eisner commenting on the Blizzard indictment
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Negligent homide is a class B felony and the penalty could be up to 7 years in prison. Negligent homicide that occurs while operating a vehicle or boat while under the influence of alcohol or drugs is a class A felony and the penalty could be up to 15 years in prison.
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So is there an issue with the BAC? It seems to me that the prosecutor appears to be trying for the class A felony but may not have the evidence to convict her of that and get the longer penalty so he's bringing the second charge to try to make sure that one of the charges stick?
I note in reading the blog from the law firm that the penalty is not the same for both classes of felony as the Union Leader article stated.
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Union Leader: She can only be convicted on one of the charges, both of which carry penalties of up to 15 years in prison.
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