Vehicular Homicide Defense Lawyer in Orlando

If you've found yourself facing vehicular homicide charges after an auto accident, you deserve expert assistance to help you navigate a potentially complex legal situation. The O'Mara Law Group is here to help.

Defending Vehicular Homicide Charges in Florida

Vehicular homicide is a serious charge that carries very extreme penalties in Florida. If you are under investigation or facing charges, it is crucial to understand what that entails, the legal consequences, and your rights. Our criminal defense attorney in Orlando is here to provide sound legal guidance, protect your rights, and fight to achieve the best possible outcome in your case.

Vehicular Homicide

What Is Vehicular Homicide?

Vehicular homicide is a felony offense addressed in the Florida Statutes Section 782.071. It is defined as the killing of a human being, or an unborn child caused by the operation of a motor vehicle by another person in a reckless manner likely to cause great bodily harm or death to another. It is more serious than a traffic incident resulting in accidental death.

What Must the Prosecution Prove in a Vehicular Homicide Case?

To convict a person of this crime, the prosecution must prove the defendant operated a motor vehicle in a reckless manner likely to cause death or great bodily harm. There is no requirement to prove intent to harm. The prosecutor only needs to show that the defendant’s actions created an unjustifiable risk to others on the road. These are examples of behavior that may lead to vehicular homicide charges if fatality results:

Excessive speeding
Aggressive driving
Distracted driving
Knowingly operating a vehicle in poor mechanical condition

What Are the Penalties for Vehicular Homicide in Florida?

Vehicular homicide is classified as a second-degree felony or, under certain aggravating conditions, as a first-degree felony. This crime is punishable as follows:

Second-degree felony

Penalties may include up to 15 years in prison, up to 15 years of probation, and fines of up to $10,000. The court will weigh factors such as the specifics of the case and any prior criminal history in sentencing.

First-degree felony

This charge applies if the defendant left the scene of the accident without rendering aid. Penalties are escalated for a first-degree felony to a prison term of up to 30 years, with a mandatory minimum sentence of four years.

What Are the Legal Defenses Against Vehicular Homicide Charges?

It is critical to have an effective defense strategy for vehicular homicide charges. The following are some of the most common defenses our criminal defense lawyers explore for clients accused of vehicular homicide:

Questioning accusations of recklessness: To secure a conviction, the prosecution must prove the defendant’s actions were reckless—not merely negligent or careless. We can meticulously examine the evidence to identify gaps in the prosecution’s case and demonstrate that our client’s actions did not rise to the required level of recklessness for a vehicular homicide conviction.
Showing lack of causation: The prosecution must prove that the defendant’s driving directly caused the fatality. If there were other contributing factors, such as another driver’s error or a medical event experienced by the victim, we present this evidence to weaken the prosecution’s case.
Asserting mechanical failure or other external factors: The defendant may have been unaware of an unexpected road hazard or a vehicle malfunction. Proving the accident was due to factors outside of the defendant’s control can significantly impact the case outcome.
Asserting self-defense in operation of the vehicle: Although rare, it may be possible to argue the defendant acted in self-defense, attempting to avoid harm to self or others. This could be a viable defense if the evidence supports that the actions of the defendant were a reaction to perceived danger.
Identifying constitutional rights violations: As always, we evaluate whether law enforcement acted within the law during the investigation. If a violation of rights occurred, such as unlawful search, seizure, or arrest, we will seek to have the evidence dismissed, which could lead to reduced charges or case dismissal.

How Can an Experienced Criminal Defense Team Help?

You don’t have to face a vehicular homicide charge in Florida alone. Our criminal defense attorneys bring decades of experience, an aggressive defense approach, and focused, personalized legal counsel with access day and night. Contact O’Mara Law Group in Orlando. We will work tirelessly to protect your rights and achieve the best outcome.

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