It’s almost impossible to imagine modern life without cars, but it’s equally difficult to ignore the tragic toll of car crashes in Florida. While many fatal car accidents don’t lead to criminal charges, certain circumstances may lead the state to file a vehicular manslaughter charge. This charge carries harsh penalties, including a lengthy prison term, steep fines, a driver’s license suspension, and more.
The Sombathy Law Firm can provide the vigorous defense you need if you face a vehicular manslaughter charge in Panama City. Our Florida manslaughter defense attorneys have deep, practical experience with these cases, including more than 30 homicide trials. Furthermore, lead defense attorney Bob Sombathy is certified by the Florida Bar as a criminal trial lawyer, an honor fewer than one percent of practicing Florida lawyers have. We can explain the charges you face and the potential penalties, communicate with the police and prosecutors on your behalf, and represent you in any courtroom proceedings and plea bargain negotiations. Call The Sombathy Law Firm now or complete our contact form for a consultation.
Florida’s Vehicular Manslaughter Statute
There are two Florida laws relating to vehicular manslaughter cases. The first is Florida’s manslaughter statute. This law defines manslaughter as killing someone through “culpable negligence” or similar circumstances. Essentially, a manslaughter charge may apply in cases where someone killed someone through their reckless or negligent actions, even though the offender didn’t intend to kill anyone.
You can see how this definition might apply to certain fatal car accidents. For example, if a drunk driver hits another car and kills someone, they may have acted recklessly, but they didn’t intend to kill someone when they got behind the wheel.
There’s also a separate Florida statute defining vehicular homicide. Under this law, someone commits vehicular homicide when they kill a person or unborn child in a car accident due to the offender’s reckless driving behavior. The offender’s actions must have been likely to kill or greatly injure someone for this charge to apply.
While the authorities may file manslaughter charges after a fatal car crash, a vehicular homicide charge is more likely because it better fits the circumstances of the case. Because manslaughter and vehicular homicide are felony offenses in Florida, anyone facing these charges should contact an experienced attorney immediately.
Penalties for Vehicular Manslaughter in Florida
Manslaughter is typically a second-degree felony in Florida. Under state law, the penalties for a second-degree felony include up to 15 years in prison and up to $10,000 in fines. Offenders may also have to pay an additional surcharge to Florida’s Crimes Compensation Trust Fund, which could be another $10,000.
Manslaughter can also be a first-degree felony in some circumstances, including:
- The death of an elderly person or disabled adult
- The death of a minor
- The death of an emergency responder (police, firefighters, paramedics, etc.) performing their official duties
Penalties for first-degree felonies in Florida include up to 30 years in Florida and a fine of up to $10,000.
Like manslaughter, vehicular homicide is usually a second-degree felony in Florida and carries similar penalties. However, vehicular homicide can be a first-degree felony if the offender knew (or should have known) that an accident occurred and failed to give the required information and aid Florida law requires in these circumstances. The law says that all drivers involved in an accident with injuries or deaths must:
- Give their name, address, and vehicle registration number to anyone injured in the crash or the other vehicle’s driver.
- Make a reasonable effort to help anyone injured in the crash, including arranging medical treatment for anyone involved in the collision.
- Report the crash to law enforcement.
A first-degree felony vehicular homicide charge carries the same penalties as a first-degree felony manslaughter charge. However, the law also says courts can order someone convicted of a first-degree felony vehicular homicide to serve 120 community service hours in a trauma center or hospital that regularly treats victims of car crashes.
Defense Strategies in Vehicular Manslaughter Cases
The best defense against vehicular manslaughter charges depends on the facts of the case, but some potential options include:
- Unavoidable accident: A defendant could argue that the accident resulted from factors beyond their control, such as bad weather, road conditions, or another driver’s actions. If they prove they were driving responsibly, they could show that they don’t meet the requirements for a vehicular manslaughter conviction.
- The victim caused the accident: The defense could argue that the victim’s own actions, like jaywalking or behaving recklessly, caused the accident, meaning the defendant is not responsible for the victim’s death.
- Challenging evidence: One common strategy in these cases is to dispute the accuracy of key evidence, such as blood alcohol tests, eyewitness accounts, or traffic camera footage. If any of this evidence is unreliable, it could weaken the prosecution’s case, leading prosecutors to drop the charges or an acquittal at trial.
- No criminal negligence: Finally, the defense could argue that while the defendant’s driving may have been improper, their actions didn’t rise to the level of criminal negligence or recklessness required for a vehicular manslaughter conviction.
How Our Panama City, FL, Vehicular Manslaughter Defense Lawyers Can Help You
At The Sombathy Law Firm, we understand the impact a vehicular manslaughter charge can have on your life, and our experienced defense lawyers can help you fight for the best possible outcome in your case. We will thoroughly investigate the accident, gather evidence, and work to challenge the prosecution’s claims. Whether it’s questioning the accuracy of witness statements, contesting the results of blood alcohol tests, or presenting evidence of external factors that contributed to the crash, we can build a strong defense on your behalf. If appropriate, our defense team can also negotiate with prosecutors to reduce your charges or seek alternative sentencing options.
We are committed to guiding you through this difficult time and fighting to protect your future. Call The Sombathy Law Firm now or reach out online for a consultation.
