Vehicular Manslaughter FAQ

Frequently asked Questions Regarding Vehicular Manslaughter Committed in Florida

What is Vehicular Manslaughter?

Vehicular Manslaughter is when an individual causes the death of a human being or viable fetus, by reckless driving when operating a motor vehicle.

Is Vehicular Manslaughter the same as murder?

No it is not the same. If a person purposefully kills another person with their car then that would be murder not vehicular manslaughter.

Is it still Vehicular Manslaughter if a death occurs in a car crash I caused by accident?

Yes, in Florida you can be charged with vehicular manslaughter even if the car accident was a small one and was unforeseeable.

Can I still be charged with Vehicular Manslaughter if I did not know that the accident would result in an injury or death?

Yes, Florida law does not require that you know that the accident would result in an injury or death for you to be charged with vehicular manslaughter.  Causing the death of another person from your reckless driving is what the law looks at, even if it was a minor accident, to charge you with vehicular manslaughter.

Are there different types of charges for Vehicular Manslaughter?

Yes, Vehicular Manslaughter is broken up into two felony degrees. You will either be charged with a First Degree Felony or a Second Degree Felony.

What constitutes a First degree Felony for Vehicular Manslaughter?

Vehicular Manslaughter is a First Degree Felony if at the time of the accident the driver knew that the accident occurred and the driver left the scene, or failed to provide help to the injured parties, as required by law. It is also a First Degree Felony of the driver was driving under the influence at the time of the accident.

What constitutes a Second Degree Felony for Vehicular Manslaughter?

All Vehicular Manslaughter charges are a Second Degree Felony unless they meet the above listed criteria to be bumped up to a First Degree Felony.

What are the penalties for a First Degree Felony for Vehicular Manslaughter?

• Up to thirty years in prison

• Up to a $10,000 fine

• License revoked permanently

What are the penalties for a Second Degree Felony for Vehicular Manslaughter?

• Up to fifteen years in prison

• Up to a $10,000 fine

• License revoked permanently

What are my defenses for Vehicular Manslaughter?

This depends on your circumstances regarding the accident in which a death occurred. It is possible that you are not 100% responsible for the accident because the other driver may have been driving in a reckless manner as well. Your case needs to be looked at by a lawyer to see what your best defense is.

What type of lawyer should I hire?

You should hire a criminal defense lawyer. You should also make sure that this lawyer has a good amount of experience in criminal law and that they have a good reputation for helping people out.

When should I contact a lawyer about my charge?

You should contact a lawyer immediately. This is important because the sooner you hire a lawyer the sooner the lawyer can take a look at your case, figure out the best defense, and get your charges reduced or dismissed if possible.