10th Oct 2017
A criminal defense attorney in Miami Dade may be contacted in situations where someone has died, such as vehicular homicide. He or she can explain the elements of this crime, possible defenses and possible punishment that may be doled out if the defendant is convicted of this crime. Hiring a criminal defense attorney in Miami Dade is essential to protecting your legal rights and avoiding the harshest of penalties.
Vehicular homicide occurs when reckless driving results in the death of a human being. The defendant’s actions must have been of the type that they were likely to result in death or serious injury. Reckless driving is defined as driving a vehicle in a willful or wanton disregard for the safety of others or property. To establish vehicular homicide, the prosecution must establish that the defendant’s actions were of a gross and flagrant character that evidenced his or her reckless disregard of human life or the safety of others.
Many vehicular homicide charges are lodged against a driver who was suspected of being intoxicated at the time of the accident. However, this is not the only type of situation that can result in charges of this nature. Vehicular homicide charges can result when someone was driving at very high speeds, driving hazardously with flammable materials in the vehicle, passing when oncoming traffic is present and other scenarios. The jury considers the circumstances surrounding the accident, such as the presence of other drivers, the road, any dangerous curves, the location and the speed. The jury focuses on whether it was foreseeable that the defendant’s actions would result in death or serious injury.
Vehicular homicide is considered a second degree felony. The maximum penalty if 15 years imprisonment. In some situations, it can be charged as a first degree felony, such as when the defendant fails to give aid to the victim.