What Are Vehicular Manslaughter and Vessel Homicide Charges in Florida?

Both vehicular manslaughter and vessel homicide are serious offenses under Florida law, carrying significant legal penalties. These charges apply when someone causes the death of another person—or an unborn child—through the reckless operation of a motor vehicle or vessel.

Vehicular Manslaughter Charges in Florida

Under Florida Statute 782.071, vehicular manslaughter occurs when someone operates a motor vehicle in a reckless manner likely to cause death or great bodily harm, resulting in the death of another person or an unborn child. Recklessness goes beyond simple negligence and involves behavior showing a disregard for the safety of others.

Levels of Vehicular Manslaughter

  • Second-Degree Felony: Punishable by up to 15 years in prison and a $10,000 fine.
  • First-Degree Felony: Applies if the driver knew—or should have known—that the accident occurred and failed to provide information or render aid, as required by law. Punishable by up to 30 years in prison.

What Is Vessel Homicide in Florida?

Vessel homicide, defined in Florida Statute 782.072, is similar to vehicular manslaughter but involves the operation of a vessel. A vessel is any watercraft used for transportation on water, as defined in Florida Statute 327.02.

Are There Different Levels of Vessel Homicide?

  • Second-Degree Felony: Punishable by up to 15 years in prison and a $10,000 fine.
  • First-Degree Felony: Applies if the operator failed to provide information or render aid after the accident.

Can You Be Charged with DUI & Vehicular Manslaughter?

Driving under the influence of drugs or alcohol is a leading cause of vehicular manslaughter charges in Florida. Under Florida Statute 316.193(3)(c)(3), DUI manslaughter occurs when someone operates a vehicle while impaired and causes the death of another person or an unborn child.

Even if there was no intent to harm, a DUI-related vehicular manslaughter charge carries severe penalties.

Penalties for DUI Manslaughter

DUI manslaughter is a second-degree felony, punishable by:

  • A minimum mandatory prison sentence of 4 years.
  • Up to 15 years in prison.
  • Fines of up to $10,000.
  • Permanent revocation of the driver’s license.

If the driver leaves the scene of the accident, the charge is elevated to a first-degree felony, carrying up to 30 years in prison.

Aggravating Factors in DUI Manslaughter

Several factors can increase the severity of DUI manslaughter penalties:

  • A BAC of 0.15% or higher.
  • Previous DUI convictions.
  • Causing multiple fatalities.
  • Failing to render aid at the scene.

What Are the Penalties for Vehicular Manslaughter and Vessel Homicide in Florida?

The penalties for these charges are severe, reflecting the gravity of the offenses.

  • Second-Degree Felony: Up to 15 years in prison, 15 years of probation, and a $10,000 fine.
  • First-Degree Felony: Up to 30 years in prison, along with the fines and probation associated with second-degree felonies.

Are There Additional Sentencing Guidelines?

Both offenses are classified as Level 7 offenses under Florida’s Criminal Punishment Code, requiring a minimum mandatory sentence of 9¼ years in prison. Aggravating factors, such as prior criminal history or substance use, can increase the sentence.

You May Have to Fulfill Community Service Requirements

For vehicular manslaughter, courts may order 120 hours of community service in a trauma center or hospital that regularly treats vehicle accident victims.

How Do I Defend Against Charges of Vehicular Manslaughter and Vessel Homicide?

A skilled defense attorney can explore several defenses to fight these charges, reduce penalties, or even have the case dismissed.

You Can Argue a Lack of Recklessness

The prosecution must prove that the defendant acted recklessly. If the evidence shows the defendant was simply negligent or that the incident was an unavoidable accident, the charges may not hold.

There Isn’t Enough Evidence

Law enforcement must follow strict procedures when investigating accidents. Any mishandling of evidence, such as inaccurate accident reconstruction or failure to preserve critical details, can weaken the prosecution’s case.

Your Manslaughter Defense Attorney Can Challenge DUI Evidence

For DUI-related cases, defense strategies may include:

  • Challenging the accuracy of BAC testing devices.
  • Demonstrating procedural errors in administering or storing BAC test results.
  • Presenting alternative explanations for behavior that police attributed to impairment.

You Can Claim the Accident was Because of Mechanical Failure

If the accident was caused by a mechanical failure rather than operator error, this could serve as a defense. For example, brake failure or a blown tire may have contributed to the accident.

You Can Claim There was a Medical Emergency

If the defendant experienced a sudden medical emergency, such as a heart attack or seizure, this could explain the loss of control that led to the accident.

FAQs About Vehicular Manslaughter and Vessel Homicide in Florida

What is the difference between negligence and recklessness?

Negligence involves failing to act with reasonable care, while recklessness involves willful disregard for the safety of others. Recklessness is a key element in both vehicular manslaughter and vessel homicide cases.

Can I be charged with vehicular manslaughter if I wasn’t intoxicated?

Yes, intoxication is not required for a vehicular manslaughter charge. Reckless behavior, such as excessive speeding or distracted driving, can lead to charges even if you were sober.

What are the penalties for fleeing the scene of an accident?

If you leave the scene of an accident involving a death, the charge is elevated to a first-degree felony, punishable by up to 30 years in prison.

Can I face both criminal and civil penalties for the same accident?

Yes, you may face a civil lawsuit for wrongful death in addition to criminal charges. A conviction is not required for the civil case to proceed.

What is considered a vessel in vessel homicide cases?

Under Florida law, a vessel includes all types of watercraft, such as boats, jet skis, and yachts.

Can I argue self-defense in a vessel homicide case?

Self-defense may be a valid argument if evidence shows you acted to prevent harm to yourself or others.

Why Choose Attorney Josef Mitkevicius to Defend You

His Experience in Complex Criminal Defense Cases

Attorney Mitkevicius has extensive experience handling serious criminal cases, including vehicular manslaughter and vessel homicide. His knowledge and skill can make a significant difference in your case.

He Provides Personalized and Compassionate Representation

At Mitkevicius Law, PLLC, we understand that accidents happen. Attorney Mitkevicius takes the time to listen to your story and craft a defense strategy tailored to your unique circumstances.

His Knowledge of Pensacola and Florida Law

As a Pensacola-based lawyer, Attorney Mitkevicius is well-versed in Florida law and has strong relationships with local courts and prosecutors.

Contact Josef Mitkevicius for Your Vehicular Manslaughter or Vessel Homicide Defense Today

Facing a charge of vehicular manslaughter or vessel homicide can be overwhelming, but you don’t have to face it alone. Attorney Josef Mitkevicius is here to fight for your rights, explore every defense option, and work toward the best possible outcome.

Call Mitkevicius Law, PLLC today for a free consultation. Let us help you take the first step toward protecting your future.