Criminal Defense

Vehicular Homicide Charges in Florida

Vehicular manslaughter, also referred to as vehicular homicide in Florida law, is a serious criminal offense. This charge involves the killing of another person or an unborn child due to the reckless operation of a motor vehicle. A conviction for vehicular manslaughter can lead to severe consequences, including lengthy prison sentences, fines, and lasting impacts on your personal and professional life.

At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand how overwhelming it can be to face such charges. Our experienced team is dedicated to protecting your rights and building a strong defense to minimize or eliminate the penalties you face. If you or a loved one has been accused of vehicular manslaughter, contact us immediately to discuss your case.

What Is Vehicular Manslaughter in Florida?

Under Florida Statute 782.071, vehicular manslaughter is defined as the killing of a human being—or an unborn child caused by injury to the mother—resulting from the reckless operation of a motor vehicle.

To secure a conviction, the prosecution must prove that:

  1. You operated a motor vehicle in a reckless manner.
  2. Your reckless actions were likely to cause death or great bodily harm.
  3. Your conduct caused the death of another person or an unborn child.

Vehicular manslaughter can be charged as either a second-degree felony or a first-degree felony, depending on the circumstances of the case.

Are There Degrees of Vehicular Manslaughter?

  1. Second-Degree Felony: Most vehicular manslaughter charges are classified as a second-degree felony. This is punishable by:
    • Up to 15 years in prison.
    • Up to $10,000 in fines.
    • Probation and mandatory community service.
  2. First-Degree Felony: If the driver knew—or should have known—that an accident occurred and failed to stop, render aid, or provide required information under Florida law, the charge may be elevated to a first-degree felony. Penalties include:
    • Up to 30 years in prison.
    • Up to $10,000 in fines.

Are There Other Consequences of a Vehicular Homicide Conviction?

In addition to incarceration and fines, a conviction for vehicular manslaughter can result in:

  • A permanent criminal record that impacts employment, housing, and other opportunities.
  • Loss of driving privileges for a significant period.
  • Civil liability for wrongful death lawsuits under Florida Statute 768.19.
  • Up to 120 hours of community service in a trauma center or hospital.

How to Defend Against Vehicular Manslaughter Charges

At Metcalf Falls, Criminal Defense Attorneys, P.A., we understand that every case is unique, and a strong defense strategy depends on the specific facts. Our experienced attorneys may utilize the following defenses:

  • Challenging Recklessness: The prosecution must prove that your actions were reckless. If your driving was negligent but not reckless, we may argue for reduced charges or dismissal.
  • Causation: The prosecution must establish a direct link between your actions and the death. If external factors contributed to the incident, we will work to show you were not at fault.
  • Improper Evidence Collection: If law enforcement violated your rights during the investigation, such as conducting an unlawful search or seizure, we may seek to suppress key evidence.
  • Medical Emergency or Mechanical Failure: If a sudden medical emergency or an unforeseen mechanical failure caused the accident, this may serve as a defense.
  • Lack of Knowledge: For first-degree felony charges, we can argue that you were unaware of the accident or the need to render aid.

FAQs About Vehicular Manslaughter in Florida

What is the difference between vehicular manslaughter and reckless driving?

Reckless driving involves operating a vehicle in a manner that shows willful disregard for the safety of others, but it does not result in death. Vehicular manslaughter specifically involves a death caused by reckless driving.

Can I be charged if I didn’t know an accident occurred?

Yes. Under Florida law, failing to stop and provide aid when you knew—or should have known—an accident occurred can elevate charges to a first-degree felony.

What are the penalties for a second-degree felony vehicular manslaughter conviction?

Penalties include up to 15 years in prison, a $10,000 fine, probation, and mandatory community service.

How can a lawyer help in a vehicular manslaughter case?

A skilled attorney can challenge evidence, question the prosecution’s claims, and present alternative explanations for the accident. Their goal is to reduce or dismiss the charges.

Can I face civil lawsuits in addition to criminal charges?

Yes. The family of the deceased may file a wrongful death lawsuit seeking financial compensation.

What happens if the victim was an unborn child?

Florida law treats the death of an unborn child caused by reckless driving as vehicular manslaughter, carrying the same penalties as the death of a person.

What should I do if I am charged with vehicular manslaughter?

Contact a criminal defense attorney immediately. Avoid making statements to law enforcement without legal representation.

Are there alternative sentencing options available?

In some cases, your attorney may negotiate for alternative sentencing, such as probation, community service, or rehabilitation programs, depending on the specifics of your case.

Why Work With Our Florida Vehicular Homicide Defense Attorneys?

Facing vehicular homicide charges in Florida is a life-altering experience, with potential consequences including years in prison, a permanent felony record, and the loss of driving privileges. These charges often arise from accidents with complex circumstances, making it critical to have a skilled violent crimes attorney who understands how to challenge the evidence and fight for your best outcome.

Attorney Brett Metcalf brings invaluable experience as a former prosecutor at the State Attorney’s Office. This background gives him deep insight into how the state builds vehicular homicide cases, including the use of crash reconstruction experts, toxicology reports, and witness testimony. Brett uses this knowledge to identify weaknesses in the prosecution’s case, such as flawed evidence or incorrect interpretations of accident dynamics.

Since 2012, Brett has defended Florida residents facing serious criminal charges, including those involving fatal traffic accidents. From the moment he takes on your case, Brett conducts a comprehensive investigation, gathering critical evidence, interviewing witnesses, and consulting with experts to build a strong defense. His goal is to secure case dismissals, acquittals, or negotiate reduced charges where possible.

Brett’s dedication has earned him widespread recognition, including being named a Super Lawyers Rising Star and holding a perfect 10 rating on Avvo.com. With over 90 five-star reviews, his proven track record demonstrates his commitment to helping clients move forward without a criminal record holding them back.

Start Your Tampa Vehicular Homicide Defense Today

Vehicular manslaughter charges are life-changing, but with the right defense, you can fight for a second chance. At Metcalf Falls, Criminal Defense Attorneys, P.A., we have a proven track record of defending clients against serious criminal charges.

Call us at (813) 981-7005 or fill out our online form for a free consultation. Together, we’ll build a defense to protect your rights and future.

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