20th Feb 2020
In Miami Dade, if you are involved in any fatal accident that involves a vehicle and a driving violation, you may be charged with vehicular homicide. The charges may result in a felony conviction, even if you did not consume any alcohol or drugs. An experienced criminal defense attorney in Miami Dade will explain that these charges should always be taken seriously as they involve very harsh consequences.
You may be spending a significant amount of time in jail and facing crippling fines for something that was an accident. If you have been arrested or charged with vehicular homicide in Florida, you should speak to a criminal defense attorney in Miami Dade as soon as possible.
Vehicular homicide charge
Vehicular homicide occurs when the death of a human being or unborn child (by any injury to the mother) results from the operation of a motor vehicle in a reckless manner. The statute defines driving in a reckless manner as involving willful or wanton disregard for the safety of others.
Unfortunately, many deaths occur in this manner due to regrettable accidents. However, the prosecution in these cases is usually vigorous and a successful defense against these charges will require the assistance of an attorney with in-depth knowledge and experience defending these cases.
Jail time
If you are found guilty of vehicular homicide, you may be facing up to 15 years in prison if the offense is prosecuted as a second-degree felony.
However, the charges may be upgraded to a first-degree felony where the driver knew or should have known that there was an accident and yet failed to render aid or give information as required under Florida law. The possible punishment may be up to a maximum of 30 years in prison in these circumstances.
Fines
For a first-degree felony conviction, a fine of up to $10,000 may be imposed in lieu of or in addition to imprisonment. This would also be the case for a second-degree felony conviction.
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