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What is Vehicular Manslaughter?
Vehicular homicide, also known as vehicular manslaughter, occurs when an individual causes the death of a human being or viable fetus, by reckless driving when operating a motor vehicle.
A disappointing fact about vehicular manslaughter is that, Florida law does not require that the person who caused the accident to know that the accident would result in an injury or death. This means that a minor accident that may have normally been a simple traffic infraction could result in a vehicular manslaughter charge if a death occurred.
Reckless Driving and Vehicular Manslaughter
Reckless driving is considered a criminal offense and has hefty penalties that come along with the charge. When a person operates a motor vehicle in a willful or wanton state compromising the safety of others, it is considered reckless driving.
Vehicular Manslaughter is the highest offense of reckless driving and is charged when a death occurs from a person’s reckless driving.
Penalties of Vehicular Manslaughter
In Florida, Vehicular Manslaughter is asevere charge that the state takes extremely seriously. Like murder charges, vehicular manslaughter is charged at different degree levels. Most commonly vehicular manslaughter is a felony of the second degree but there are circumstances where it is a first degree felony. Below are the typical penalties and degree charges for vehicular manslaughter:
1. Without any reason to be bumped up to a first degree felony, vehicular manslaughter is a felony of the second degree, which is punishable by a prison sentence of up to fifteen years and a $10,000,00 fine
2. If at the time of the accident the individual knew that the accident occurred and the person left the scene, or failed to provide help to the injured parties, as required by law, then they will be charged with a felony of the first degree, which is punishable by up to thirty years in prison.
3. It is also a first degree felony if the individual charged was driving under the influence at the time of the accident that resulted in a person’s death. This is punishable by up to 30 years in prison.
Another penalty, that most people are unaware of, is that an individual charged with vehicular manslaughter will have their license revoked permanently. This means that a person charged with vehicular manslaughter cannot ever legally operate a motor vehicle again.
What you should do when charged with Vehicular Manslaughter
In Florida, tragically, numerous people die on roadways due toa variety of different reasons. Althoughthese deaths areheartbreakingand deserve justice, not all of them should be charged for vehicular manslaughter.
If you are in an accident that results in the death of another person, it is vital that you hire an experienced criminal defense attorney immediately. This will be a very stressful time for you, but the sooner you hire a lawyer the higher your results will be in getting your charges dismissed or reduced.
If this tragic event occurs in your life, remember that you should never make a statement to law enforcement that incriminates you. This is why you have the right to remain silent.
Finebloom, Haenel and Higgins
If you do not have a trusted lawyer or if you need a lawyer you can depend on that has experience in criminal law and fighting vehicular manslaughter charges, contact us here at Finebloom, Haenel and Higgins. We provide you with 24 hour support for your case by having friendly and attentive staff available to assist you 24/7. We have over 30 years of experience in criminal law and we have won thousands of cases throughout the years by being the best at what we do. We are here to help you get through your time of need. You can contact us anytime at, 1-800-FIGHT-IT (1-800-344-4848).