Florida Vehicular Homicide Charges
Vehicular homicide is an egregious criminal charge in Florida. As the name suggests, vehicular homicide includes a fatality involving a car. However, not every fatal accident on the highway should lead to an arrest or criminal proceedings for vehicular homicide. In many instances, behavior that would ordinarily necessitate a traffic citation quickly leads to a vehicular manslaughter arrest because a fatality resulted from the collision. In these situations, the damage that results from these offenses is always accidental.
Retaining a seasoned criminal defense lawyer to advocate for you against these charges immediately after the accident is essential. Never make statements to the police or investigators once a criminal inquiry begins until after being advised by a lawyer.
Orlando Attorneys for Vehicular Homicide Charges in Florida
The Umansky Law Firm’s criminal defense team is highly knowledgeable with the regulations and procedures applied during vehicular homicide investigations in Florida.
We realize what is at risk for our clients confronting serious vehicular homicide charges in Florida. We take an evidence-based approach to criminal defense and develop a robust strategy to guarantee your rights are protected. If you were arrested for vehicular homicide (sometimes called vehicular manslaughter) in the Greater Orlando area, contact the attorneys at The Umansky Law Firm today to discuss your case.
What Constitutes Vehicular Homicide in Florida?
Vehicular homicide is defined under Florida Statute § 782.071 as an act in which a driver killed another person via the operation of a motor vehicle in a reckless manner likely to cause the death of, or great bodily harm to, another.
Vehicular homicide is a second-degree felony that carries significant penalties, including incarceration in a Florida State Prison. Many vehicular homicide cases include assertions that the driver was under the influence.
If the prosecution claims that the individual failed to give information and render aid as required by Florida Statute § 316.062, the crime may be enhanced to a first-degree felony. Additionally, any driver who intentionally flees the scene after causing the accident may also see their charges elevated to a first-degree felony.
What Are Potential Penalties for Vehicular Homicide in Florida?
If you are convicted of a second-degree felony for vehicular homicide in Florida, you may face penalties that include:
- Up to 15 years in prison or jail
- Fines up to $10,000
If your charges are enhanced to a first-degree felony, the penalties may include up to 30 years in prison with additional fines. These are the legal implications of a criminal conviction for vehicular homicide in Florida. However, there will also be a considerable impact on your life. A second-degree felony conviction on your criminal record will make it much harder to gain meaningful employment, loans, housing, and other prospects that you may have been given without a criminal record.
In order to minimize these penalties, it’s essential to obtain sound legal advice for a defensive strategy when in court.
Defensive Strategies for Vehicular Homicide Charges in Florida
To indict a vehicular homicide charge, the state does not need to prove that the driver had the intention to cause harm. Instead, they must demonstrate that the driver operated the vehicle in a manner likely to result in substantial injuries or death.
At The Umansky Law Firm, we recognize the significance of hiring experienced expert witnesses, including an accident reconstruction expert. The prosecution will investigate the accident to support charges for vehicular homicide. Consequently, it’s vital to swiftly hire an expert to conduct an independent accident investigation and reconstruction to uncover viable defenses that exist in the case.
Our criminal defense attorneys take a technical approach to defending vehicular homicide cases. We will not hesitate to file motions to:
- Dismiss criminal charges
- Suppress evidence
- Exclude prejudicial evidence
The critical factor in securing the best outcome is disputing each facet of the prosecution’s case and methodically dismantling the state’s case one piece at a time.
Preserving Evidence Is Essential in Defending a Vehicular Homicide Case
It is vital to ensure that measures are immediately taken to protect your rights and preserve all of the evidence during a vehicular homicide investigation, including:
- Having a lawyer present for any interrogation by police
- Documenting all damages sustained to the vehicles involved
- Photographing the accident scene, including tracks left on the road
- Acquiring witness statements from anyone who saw the accident
- Obtaining medical files of anyone who sustains injuries or death after the collision due to the injuries
Schedule a Free Consultation with an Orlando Vehicular Homicide Attorney
If you’ve been charged with vehicular homicide in Orlando or any of the surrounding Central Florida communities, speak with an experienced vehicular homicide attorney immediately. The Orlando criminal defense lawyers at The Umansky Law Firm have over 100 years of combined legal practice and prior experience as state prosecutors. Our team has a comprehensive understanding of how the state will pursue a conviction for vehicular homicide charges. We can use that knowledge to help resolve your case on the most advantageous terms.
To consult with a seasoned vehicular homicide attorney about your situation, schedule a free consultation today by completing a contact form or call our office.