Vehicular Manslaughter

Orlando Vehicular Manslaughter Lawyers

Vehicular Manslaughter in Florida

As the name implies, vehicular manslaughter is a type of traffic offense in which an individual causes a motor vehicle accident that results in someone’s death. You can be charged with and convicted of vehicular manslaughter even if the crash was a complete accident. If you were found at fault for a fatal accident, you need an experienced criminal defense lawyer by your side right away.

At Ali & Blankner, we defend clients throughout Brevard and Orange Counties against all types of serious traffic-related charges, including vehicular manslaughter.

What Is Vehicular Manslaughter?

In Florida, vehicular manslaughter is also known as “vehicular homicide.” Under Florida Statute 782.071, vehicular manslaughter or homicide involves “the killing of a human being, or the killing of an unborn child by any injury to the mother, caused by the operation of a motor vehicle by another in a reckless manner likely to cause the death of, or great bodily harm to, another.”

Unlike many other criminal offenses, there is no standard of intent. This means that the defendant can be charged with vehicular manslaughter or homicide even if they had no intention of causing bodily harm or death. Instead, negligence is the main factor in these charges. If the defendant is found to have acted negligently, recklessly, or wrongfully, leading to a fatal motor vehicle accident, they can be charged with the crime of vehicular manslaughter.

Gross vs. Ordinary Negligence in Vehicular Manslaughter Cases

Generally speaking, vehicular manslaughter cases are based on negligence, not intent. This means that a person does not have to intentionally or even knowingly cause injury or death to face criminal charges.

The law recognizes two types of negligence in these cases:

Ordinary Negligence: Ordinary negligence refers to general inattention and carelessness behind the wheel. Examples include distracted driving (other than cellphone use) and mistakes due to driver inexperience. Such conduct can result in serious and even fatal auto accidents.
Gross Negligence: Gross negligence includes reckless and intentional behavior that violates the reasonable duty of care motorists owe to others on the road. Examples include driving under the influence of alcohol or drugs (DUI) and other traffic violations.

In most cases, vehicular manslaughter cases involving gross negligence are punished more harshly than those involving ordinary negligence. This is because the state wants to punish drivers who recklessly or even intentionally endanger the lives of others on the road.

DUI Vehicular Manslaughter

Causing a fatal accident while driving under the influence of alcohol or drugs is known as DUI vehicular manslaughter in Florida, and it comes with its own set of harsh penalties.

In most cases, DUI vehicular manslaughter is charged as a second-degree felony in Florida, which comes with the following penalties:

Up to 15 years in prison
Up to 15 years of probation
Up to $10,000 in fines

Those convicted of DUI vehicular manslaughter may also face the following consequences:

Vehicle impoundment
Court-ordered DUI substance abuse education
120 hours or more of community service
Required psychological evaluation
Rehab

When a DUI vehicular manslaughter occurs as a hit-and-run, meaning the defendant failed to stop and provide reasonable aid and/or information, the penalties increase to up to 30 years in prison.

What Are the Penalties for Vehicular Manslaughter in Florida?

Without the presence of certain enhancements, most instances of vehicular manslaughter are charged as second-degree felonies.

The penalties for a second-degree felony vehicular manslaughter conviction in Florida include:

Up to 15 years in prison
Up to 15 years of probation
Up to $10,000 in fines

In some cases, you could face up to 30 years in prison. This is the case if the fatal accident was a hit-and-run, or if you were found to be operating a vehicle while under the influence of alcohol or drugs.

You may also face other criminal and administrative penalties, such as:

Automatic driver’s license suspension
Mandatory community service
Required participation in educational and/or rehabilitative courses
Vehicle impoundment

If convicted, you will also likely face significant impacts on your everyday life, including difficulties obtaining employment, housing, loans, educational opportunities, and more. You could suffer permanent damage to your reputation in addition to the loss of your freedom. It is absolutely critical that you reach out to an experienced vehicular homicide defense attorney for help with your case.

At Ali & Blankner, our Orlando vehicular manslaughter defense attorneys are here to protect you, your rights, and your future. We are ready to answer any questions you have and immediately begin investigating your case. Our attorneys are all former prosecutors, giving them invaluable insight into how the other side operates. We can anticipate the state’s next move and effectively defend you against its attacks.

Our attorneys have more than 85 years of combined experience and have handled well over 100,000 cases, successfully recovering the results their clients needed to protect their rights and move forward with their lives. We understand what you are going through, we know the stakes, and we can aggressively defend you and your future.

For a complimentary consultation, call (407) 753-1312 or contact us online today. We offer payment plans to make the process easier for you.

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Why You Need a Vehicular Homicide Defense Attorney

The prosecution does not consider whether you meant to cause harm—or even if you knew that someone died as a result of the accident—when charging vehicular homicide. You might feel an urge to defend yourself and explain that you did not intend to hurt anyone, but this is not a good idea.

In fact, you have the right to remain silent—and you should enact this right whenever interacting with law enforcement. Whatever you say can and will be used against you, and you might accidentally say something incriminating or that comes back to haunt you.

The best thing you can do to protect yourself after being arrested for or charged with vehicular manslaughter is to contact an attorney right away. At Ali & Blankner, our Orlando vehicular manslaughter attorneys can meet with you to discuss the specifics of your case and immediately begin reviewing the prosecution’s case for holes. We know how to evaluate evidence and when to file motions for suppression and dismissal. Our team develops innovative, personalized legal strategies tailored to the unique details of each individual case, always with the goal of obtaining the best possible outcome for our clients.

Contact us today at (407) 753-1312 for a free and confidential consultation. Hablamos español.

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