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Defending Clients from Vehicular Homicide Charges
PANELLA LAW FIRM ACCEPTS CASES THROUGHOUT FLORIDA
Vehicular homicide is among the most serious criminal charges that a driver can face in Florida. Also known as vehicular manslaughter, a conviction for this crime can lead to a lengthy prison sentence, which is why you shouldn’t just accept this charge after a deadly car accident. Instead, hire a criminal defense attorney who will provide the legal defense strategy your case requires.
When you contact Panella Law Firm for help fighting a vehicular homicide charge in Florida, you’ll talk to criminal defense lawyers who will work hard to defend your rights. You should not face life-changing penalties for accidentally causing someone else’s death behind the wheel, so you can count on our legal team to work tirelessly to get your vehicular manslaughter charges dismissed or reduced. Contact us to schedule your free case evaluation with compassionate, skilled lawyers.
What Is Vehicular Homicide?
Vehicular homicide is a felony that you may be charged with if you cause the death of someone else while driving recklessly. Your intent does not matter when facing vehicular homicide charges in Florida, as you can be charged with this crime whether or not you intentionally meant to cause death or great bodily harm to the victim.
To get a conviction, the prosecutor has to prove beyond a reasonable doubt that three facts are true. The first two facts are that the victim is dead and that your actions on the road caused the death. The victim can be another driver or passenger, or the unborn child of another driver or passenger.
The last element the prosecutor must prove is that you didn’t simply fail to use ordinary care while driving, but you drove with reckless disregard for human life. This often goes beyond ordinary negligence, as it must be clear that you displayed a willful or wanton disregard for the safety of others by driving in a reckless manner.
Some common examples of reckless driving that could cause death or great bodily harm to a human being include:
- Driving much faster than the speed limit
- Failing to stop at stop signs or red lights
- Driving while drunk
- Driving while distracted
- Speeding through a crosswalk
- Racing other cars
If you’re accused of reckless driving and causing the death of an adult, child, or unborn child, you could be charged with a second-degree felony punishable by years in prison. However, in some cases, your vehicular homicide charge could be enhanced to a first-degree felony.
For example, if you fled the scene of the car accident before talking to law enforcement officers or offering to render aid to the victims, your charge for vehicular homicide in Florida could become a first-degree felony. This can lead to increased penalties after you cause a fatal crash. If you want a chance to avoid facing severe penalties for vehicular homicide, hire our Florida law firm for legal help with your case. Call us today to talk to a criminal defense attorney about how to handle your vehicular manslaughter charge.
What Are the Penalties for Vehicular Manslaughter in Florida?
Most people charged with vehicular homicide in Florida face a second-degree felony as long as there are no aggravating factors present. This typically means you could be sentenced to up to 15 years in state prison, along with a fine of up to $10,000.
If you left the accident scene before law enforcement officers arrived or failed to render aid to the victims in the other motor vehicle, your vehicular homicide charge could be elevated to a first-degree felony. This means you could be sentenced to up to 30 years in state prison, plus a fine of up to $10,000.
A vehicular homicide conviction can put your future driving privileges in jeopardy, as well. If a judge decides that you caused the death of a human being by driving in a reckless manner, your driver’s license will likely be suspended for at least three years.
If you’re convicted of DUI manslaughter, you can expect the same maximum prison sentence, fines, and license suspension as you would if you were convicted of vehicular homicide. However, you will face a minimum sentence of four years in prison for DUI manslaughter, which means it is possible that you’ll get more time in prison for causing a death while drunk driving than you would for any other type of negligent driving. You’ll also likely have to undergo substance abuse counseling and will need an ignition interlock device in your motor vehicle once you’re legally able to drive again after a DUI manslaughter conviction.
Regardless of the details of your vehicular manslaughter conviction in Florida, you’ll have a felony conviction on your criminal record. This means you could have trouble finding a job or a house once you get out of prison, and you may find yourself unable to get into college or qualify for financial aid due to the felony on your record. You’ll also lose your right to vote, own a firearm, or hold certain professional licenses.
If you want a chance to avoid the penalties for vehicular homicide, you need to hire a criminal defense lawyer who has in-depth legal knowledge of the vehicular homicide laws in Florida. A skilled lawyer will work hard to get your criminal charges dropped, achieve a not-guilty verdict, or negotiate a reduced sentence for your vehicular homicide case. Contact our Florida law firm to schedule a free case review with a caring, experienced criminal defense attorney.
What Are Legal Defense Strategies for Fighting Vehicular Manslaughter Charges?
To get a person convicted of vehicular homicide in Florida, the prosecutor must prove that the defendant’s reckless driving caused the death of the victim. This means they have to show proof that the driver’s actions on the road went beyond culpable negligence and rose to the level of willful or wanton disregard for other people.
In this way, just showing that you broke a traffic law before the accident occurred is not necessarily enough to convict you of vehicular manslaughter in Florida. The prosecutor must prove beyond a reasonable doubt that you disregarded the harm you knew you could bring to others while driving recklessly. Your criminal defense lawyer will work hard to make this difficult for the prosecution team to prove.
For example, if you drove above the speed limit and caused a crash in which a person died, there’s a chance you’ll be charged with vehicular manslaughter. However, your lawyer might defend you from this charge by stating that you had no reason to believe that speeding would likely cause a fatal motor vehicle accident. Therefore, you should be charged with a lesser crime, such as speeding. Unless the prosecutor can show that your speed was grossly excessive or combined with extreme weather or unsafe lane changes, they’ll struggle to prove that you displayed reckless or gross negligent driving before the car accident.
Similarly, if you’re charged with vehicular manslaughter in Florida because you caused a crash while texting and driving, your lawyer might argue that a brief distraction from the road does not constitute reckless driving. The prosecutor would be expected to show that you took your eyes off the road long enough to display reckless disregard for others around you. If your lawyer presents evidence that you only looked away briefly before the crash occurred, or that another factor contributed to the accident, your vehicular manslaughter charges may be reduced or dismissed.
There are several defense angles for experienced criminal defense lawyers to consider when it comes to Florida vehicular manslaughter cases. If you’re curious to learn how a skilled attorney would defend you from this charge, contact the Panella Law Firm for a free initial consultation with our team. You can count on us to find ways to get your charges dropped or reduced so your life is not forever affected by a tragic accident.
What Can a Vehicular Homicide Florida Lawyer Do for Your Case?
If you’ve been accused of vehicular manslaughter, you owe it to yourself to get legal help immediately. Reaching out to experienced lawyers who have handled vehicular homicide cases like yours will give you a chance to clear your name.
When you come to our firm for legal guidance, we’ll review your case to identify the evidence against you, and then we’ll start looking for evidence that can be used in your favor. Our goal is to do everything possible to get the vehicular manslaughter charge dropped or reduced to a lesser crime so you don’t have to have this second-degree felony on your record.
Depending on how the case progresses, we can also work on reducing your sentence for vehicular manslaughter. If you’re convicted, we’ll work on proving that you don’t deserve to get the maximum punishment based on the sentencing guidelines for Florida vehicular homicide. You shouldn’t be in prison for years because an unexpected accident resulted in someone’s death. This is why we’ll be by your side arguing in your favor from the beginning of your case until after the sentencing judge makes a decision.
We understand how devastating it is to be accused of vehicular manslaughter in Florida, so we make it a point to provide every client with compassion and transparency about the legal process. If you’re ready to find out how we can assist with your case, call 407-602-6559 for a free consultation.